- (1.) Considering the short question for determination in this appeal, filing of Paper books has been dispensed with at the request of the learned Counsels for the parties.
(2.) The present appeal at the instance of the plaintiff/appellant arises out of Order No. 13 dated 4th February, 2015 passed by the Civil Judge (Senior Division) Sealdah in Title Suit No. 48 of 2014. By the impugned order the learned Trial Court rejected the plaint of the abovementioned suit under the provisions of Order 7 Rule 11 (d) of the Civil Procedure Code as being barred by Section 21 of the West Bengal Thika Tenancy Act. The aforesaid order was passed on the basis of an application under Order 14 Rule 2 read with Order 7 Rule 11 of the Civil Procedure Code filed on behalf of the defendants which was allowed on contest.
(3.) Being aggrieved, the plaintiff/appellant brought the matter in appeal. Before referring to the contentions on behalf of the appellant, let us advert briefly to the plaint case.;