Siddhartha Chattopadhyay, J. - (1.) Doubting the correctness of the Order No. 18 dated 14.12.2009 passed by the learned Civil Judge (Junior Division), Second Court at Sealdah, in Title Suit No. 397 of 2008, in connection with the application under Order VII Rule 11 the present petitioner/defendant has filed this revisional application under Article 227 of the Constitution of India.
(2.) Grounds ventilated in this revisional application is such that the learned Trial Court has not considered (1) Sec. 21 of West Bengal Thika Tenancy Act, 2001, wherein the Civil Court's jurisdiction is ousted, (2) that the opposite party challenged the deed of conveyance executed by the erstwhile owner in favour of the present petitioner and for that the opposite party is required to pay the Court fees on the value of the deed of conveyance, and (3) that the said deed was challenged on the ground of thika tenancy right and as such the issues involved in the suit was in regard to West Bengal Thika Tenancy Act and accordingly the Civil Court has no jurisdiction to try the suit.
(3.) According to the defendant/petitioner, Trial Court below had not at all considered his application under Order VII Rule 11 of the Civil Procedure Code in its proper perspectives.;