W HAY Vs. ASWINI KUMAR SAMANTA

JUDGEMENT

(1.) This Rule raises a short but interesting question. It is directed against an order of the learned Subordinate Judge, Second Court, Alipore, refusing the petitioners prayer for rejecting the plaint on the ground that it discloses no cause of action.

(2.) The suit which was filed by the opposite party against the present petitioners was one for mandatory injunction and damages. The suit was instituted on June 27, 1955, and upon the following allegations, inter alia,:

(3.) The warning order was in the following terms: