SOUMEN SEN,J. - (1.) This is an application for rejection of the plaint on the ground of mis-joinder of causes of action.
(2.) The suit is against four defendants. Three defendants have filed this application for rejection of the plaint.
(3.) In the suit, the plaintiff no.1 and 2 have claimed money decrees against the defendants jointly and severally. In the suit, the plaintiffs have alleged that the plaintiff no. 1 had lent and advanced a sum of Rs. 1.30 crore and thereafter a further sum of Rs. 1 crore and the plaintiff no.2 has lent and advanced a further sum of Rs. 85 lakh to the defendants. The defendants are common. The plaintiffs alleged that an aggregate sum of Rs. 3.15 crore was lent and advanced to the defendants in respect of its real estate business at Bhabaneswar, Puri and Garia. The plaintiffs have stated that the said loan was secured by the units and/or flats to be constructed in the said project. The plaintiffs have referred to the meeting held between the parties on 11th October 2014 in which it is alleged that the defendants have agreed the manner in which the amounts would be repaid which contemplates execution of irrevocable agreement for sale in respect of few flats at 'Dhauli Heights' and 'Sunshine' and payment of a sum of Rs. 3,77,57,872/- to the plaintiff no.1 out of the sale proceeds. It is also alleged that loan would be secured in terms of the agreement mentioned in paragraph 12 of the plaint which reads: 12. The amount lent and advanced by the plaintiffs to the defendants were securable in the manner, as specified hereunder, in terms of the agreement executed between the parties:- JUDGEMENT_141_LAWS(CAL)9_2018_1.html;