Subrata Talukdar, J. - (1.) IN this civil revisional application the petitioner has challenged Order no. 27 dated 9th August, 2010 passed by the Learned Second Court (Junior Division) at Sealdah in Title Suit no. 96 of 2009 in the matter of Ashok Kumar Kanu Vs. Neelambar Construction Private Limited. The petitioner in this civil revisional application is the defendant no. 1 in Title Suit no. 96 of 2009. The said suit is for recovery of possession, declaration and for permanent injunction in respect of the suit premises measuring more or less 38 cottahs in holding nos. 88 and 89, Dehi Serampore Road (subsequently renumbered as 27/1A and 27/1B, Dr. Sundari Mohan Avenue) P.S. Beniapukur, Calcutta, 700014.
(2.) THE Opposite Party (OP) no. 1 is the plaintiff before the Learned Trial Court. By the said impugned Order the Learned Trial Court was pleased to reject the application filed by the defendant no. 1 under Order 7 Rule 11 Code of Civil Procedure (CPC). While rejecting the prayer of the petitioner under Order 7 Rule 11 of the CPC the Learned Trial Court was pleased to arrive at the following three findings.
(3.) FIRST , the contention of the petitioner -defendant no. 1 that the plaint does not disclose any cause -of -action against the petitioner is not acceptable. In this connection the Learned Trial Court was pleased to refer to paragraphs: 4, 5, 6, 7, 8, 9 and 10 of the plaint to rebut the petition for rejection of plaint.;