Shivakant Prasad, J. - (1.) Defendant No. 1 has prayed for rejection of the plaint filed in CS No. 70 of 2007 under the provision of Order 7, Rule 11 (d) of Code of Civil Procedure, 1908 and dismissal of the suit with exemplary costs.
(2.) According to the defendant No. 1/petitioner averment in paragraph 12 of the amended plaint reveals that the subject matter of the suit is immovable property admeasuring 3000 sq. ft. at Eastern Metropolitan Bye pass at "Silver Springs," No. 5, JBS, Halden Avenue, Kolkata-700 105 (hereinafter referred to as suit property) situated outside the territorial jurisdiction of this Hon'ble Court and the suit being the suit for land, this Court is devoid of jurisdiction to try the same.
(3.) The plaintiff/objector has contested the said application by written objection-on-affidavit contending inter alia, that upon representation made by Sri Piyush Bhagat, the Managing Director, person in control of management of the defendant no. 1 having ostensible authority to enter into an agreement on behalf of the said defendant No. 1, the plaintiff parted with money and had entered into an agreement with the said defendant No. 1 in February, 2003 for purchase of a space measuring about 3000 sq. ft. in the commercial block on the ground floor at the suit premises.;