- (1.) In the present case following issues are to be determined :- (i) Whether an order of dismissal of Suit could be challenged in revisional jurisdiction under Article 227 of the Constitution of India before this Hon'ble Court without preferring an appeal in accordance with the provision of the Code of Civil Procedure (ii) Whether non-service of notice under Section 80 of the Civil Procedure Code upon the state defendant can be a ground for dismissal of the money suit when admittedly other private defendants are there
(2.) Challenging the order dated 11th August, 2015 passed by Sri R.N. Makhal , Learned Civil Judge (Senior Division), 5th Court, Alipore in Money Suit No.130 of 2012 the petitioner/plaintiff filed the present application under Article 227 of the Constitution of India.
(3.) Mr. Chanchal Nag Chowdhury, learned Advocate appearing for the petitioner/plaintiff vehemently urged that the petitioner filed the Title Suit No.117 of 2009 in the Court of Learned Civil Judge (Senior Division), 5th Court at Alipore praying interalia for defamation. The said suit has been renumbered as Money Suit No.130 of 2012. The reliefs sought for in the said Suit are quoted below :- a) "Decree for defamation and damages assessed at Rs.9,40,47,291/- as set out in paragraph 19 of the plaint; b) Receiver; c) Commissioner; d) Costs; e) Any other relief/reliefs the plaintiff may be found entitled to in law and equity.";