JYOTIRMAY BHATTACHARYA,J. - (1.) This First Appeal is directed against an order being No. 12 dated 14th March, 2016 passed by the learned Civil Judge (Senior Division) 2nd Court at Barasat in Title Suit No. 1306 of 2015 at the instance of the plaintiff/appellant. By the impugned order, the plaint filed by the plaintiff praying for declaration, injunction and for recovery of money on account of damages and interest was rejected by the learned Trial Judge under Order 7 Rule 11 of the Code of Civil Procedure as the learned Trial Judge was of the view that the present suit is barred under Section 102 of the West Bengal Cooperative Societies Act, 2006.
(2.) In connection with the said appeal, three interlocutory applications were filed by the appellant. Since the fate of those interlocutory applications are dependant upon the fate of this appeal, we have decided to decide the appeal itself on merit, before dealing with the interlocutory applications filed in connection with this appeal.
(3.) Let us now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the present case. It is well -settled principle of law that while considering an application under Order 7 Rule 11 of the Code of Civil Procedure, the Court is required to consider the pleadings made out in the plaint itself and the annexures thereto for ascertaining as to whether the plaint is liable to be rejected on any of the grounds as mentioned therein. While considering an application under Order 7 Rule 11 of the code of Civil Procedure, the Court cannot consider any other document and/or material beyond the pleadings made out in the plaint and/or annexures thereto. As such, we restrict ourselves to the pleadings of the plaintiff and/or annexures thereto for ascertaining as to whether the plaint is liable to be rejected as it is barred under the provision contained in Section 102 of the West Bengal Cooperative Societies Act, 2006 or not.;