Soumen Sen, J. - (1.) The defendant No.3 is the applicant in G.A. No.1688 of 2017. The defendant Nos.2,7,8,9,11,12,13,15,16,17,18,19,20 and 21 are the applicants in G.A. No.1571 of 2017. These applications are for revocation of leave under Clause 12 of the Letters Patent and for dismissal of the suit on the ground that the suit is ex facie barred by limitation. However, the objection is restricted to the issue of limitation.
(2.) The plaintiff has filed a suit in April, 2017 praying, inter alia, for a declaration that the plaintiffs along with the defendants are entitled to the assets and properties of the firm "Soorajmull Nagarmull" as the heirs of the original partners of the reconstituted firm under the partnership dated 6th December, 1943, in the shares of the said original partners as mentioned in Paragraph 2 of the Plaint and a decree for dissolution of the said firm upon realizing the assets and properties of the firm and collecting all monies due to the firm.
(3.) Before dealing with the contention raised by the applicant, it is necessary to examine the averments in the plaint as in deciding an application in the nature of demurrer, the averments made in the plaint are required to be taken as true and correct.;