- (1.) Learned Counsel appearing on behalf of the petitioner has filed affidavit of service which is taken on record. In spite of receiving the notice none appears on behalf of the opposite parties.
(2.) Heard the Learned Counsel appearing on behalf of the petitioners. According to him, a suit has been filed bearing No. O.C. Suit No. 1 of 2013 before the Learned Civil Judge, Senior Division, Darjeeling wherein the plaintiff of that suit had prayed for a decree of declaration that the plaintiff is a lease-holder in possession of the suit property under the proforma defendant being the Darjeeling Municipality and that the defendant Nos. 1 to 5 are illegally trying to dispossess the plaintiff from the suit property. With this prayer the plaint was presented before the Learned Court below.
(3.) After appearing in that suit, the Chief Executive Officer, Board of Wakf representing (Defendant Nos. 5 and 6 being the authorities of the Board of Wakf West Bengal) has filed an application under Orders 7 Rule 10 A and 11 of the C.P.C. read with Section 151 of C.P.C. praying for return of plaint on the ground that in terms of Wakf Act 1995, the Civil Court has no jurisdiction to entertain such application.;