SANJIB BANERJEE,J. - (1.) The petitioner herein is the sole defendant in a suit relating to an immovable property. The petitioner questions of a propriety of an order dated February 10, 2017 by which the petitioner's application for rejection of the plaint has been dismissed with costs.
(2.) The principal ground urged by the petitioner is that the plaint relating to the suit does not disclose any cause of action.
(3.) The petitioner is the daughter of one Purnanka Mohan Sur and his second wife, Renu Sur, both deceased. The petitioner is married and has a daughter, who also appears to be married. The opposite party No.1 herein is a son of the petitioner's father through his first marriage. The opposite party No.1 has instituted Title Suit No.192 of 2014 before the Civil Judge (Junior Division), 2nd Court at Alipore, citing a deed of settlement to claim divers reliefs which are not necessary to be set out. The claim in the suit is that the opposite party No.1 herein has, under a registered deed of settlement of December 14, 1960 executed by Purnanka Mohan Sur, a valuable right in respect of a property now numbered as 46A, Garcha Road. The immediate purpose for which the suit was filed was to arrest the attempt by the petitioner herein to transfer or alienate the suit property. The opposite party Nos. 2 and 3 were impleaded as proforma defendants in the suit. Such opposite parties are the wife and son, respectively, of a deceased uterine brother of the opposite party No.1.;