Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India has been filed by defendant No. 15 in a suit, inter alia, praying for cancellation/setting aside Certificate Case No. 4 of 2012-2013 under the provisions of Bengal Public Demands Recovery Act, 1913. By virtue of the impugned order, an application taken out by the present petitioner under Order VII Rule 11 of the Code of Civil Procedure, for rejection of the plaint, was dismissed on contest. The petitioner urges that the present suit could only be filed under Section 36 of the said Act of 1913. However, since the only ground on which such a suit could be filed was non-service of notice under Section 7 of the said Act, and service of notice was admitted by the plaintiffs/opposite party Nos. 1 to 10 in the plaint, the suit was not maintainable. As such, the plaint ought to have been rejected, according to the petitioner. Various paragraphs, including paragraph Nos. 19(f), 21 and 30(15), of the plaint were placed by learned Senior Advocate appearing for the petitioner in support of such contention.
(2.) It was further submitted that the plaintiffs/opposite parties could very well have taken recourse to a challenge under Section 22 or Section 23 of the said Act and, having failed to do so, were debarred from directly filing a suit under Section 36 of the said Act.
(3.) The petitioner further argues that the plaint is a product of clever drafting, that the same has been filed mala fide and does not disclose a proper cause of action. As such, the suit ought to be nipped in the bud.;