SABYASACHI BHATTACHARYYA,J. - (1.) The defendant-wife has preferred the instant revisional application challenging rejection of an application filed by the present petitioner under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint in a suit filed by the opposite partyhusband for the following reliefs: (a) A decree of declaration of plaintiff's right, title and interest over the suit property. (b) A decree of declaration that the impugned Deed of Gift dated 07.02.2018, registered in the office of Additional Registrar of Assurances, ARA-4, Kolkata, West Bengal being Deed No. 1181/18 is vitiated by fraud and misrepresentation and is not at all binding upon the plaintiff. (c) An order of permanent injunction may be passed against the defendant, and/or her men, agents and servants restraining them from causing any wastage and damage over the property and/or from transferring or alienating or parting with possession in respect of the property in suit in favour of some third party on the basis of the impugned Deed of Gift dated 07.02.2018. (d) For all costs of the suit. (e) For other relief or reliefs the plaintiff in law and equity is entitled to get."
(2.) It is alleged by learned counsel for the petitioner that previously another suit was filed by the opposite party for cancellation of a deed of gift executed by the opposite party in favour of the petitioner on February 7, 2018. Despite pendency of such previous suit, the present suit was instituted by the opposite party-husband on the same ground of alleged fraud and misrepresentation having tainted the execution of the said gift deed.
(3.) The petitioner is pressing three grounds for rejection of plaint - respective bars under Section 31 and section 34 of the Specific Relief Act, 1963, as well as the bar under Order 2, Rule 2 of the Code of Civil Procedure.;