Bhaskar Bhattacharya, J. - (1.) This revisional application under Section 115 of the Civil Procedure Code is at the instance of a defendant in a suit for declaration, injunction and recovery of money and is directed against Order No. 60 dated August 29, 1998 passed by the learned Civil Judge, Senior Division, Burdwan in Title Suit No. 21 of 1995 thereby disposing of a preliminary issue as to the jurisdiction of the Court to entertain the suit in affirmative.
(2.) The opposite p ies filed the aforesaid suit in the Court of learned Civil Judge, Senior Division Burdwan thereby praying the following reliefs : "9(a) decree for declaration that the defendant-bank is not entitled to execute the compromise decree dated 7.2.92 passed in T.S. 14/90. (b) A decree for a sum of Rs. 24,48,85,000/- as pleaded in paras 53 to 58 on account of damages. (c) In the alternative for a decree of Rs. 13,82,15,000/- after adjusting Rs. 10,66,70,000/- due to the defendant bank. (d) A declaration that the compromise decree stands varied in the manner advised by the defendant bank, in its letter dated 18.3.94, providing for payment of the decretal dues in five equal annual instalments without any default. (e) A decree for permanent injunction directing the defendant to sanction & disburse to the plaintiffs need based working capital limit amounting to Rs. 295.27 lacs for the season 1995 and similar need based working capital limit for each & every subsequent season till the payment of the amount legally due and payable by the Plaintiffs to the defdt. (g) Such further and other reliefs which the Petffs. may be found entitled to, may also be decreed against the Defdt., & (h) For all costs, the suit be decreed against the defdt. bank."
(3.) The present petitioners having raised the dispute as to the competence of a Civil Court to entertain such a suit, a preliminary issue as to whether the Court had jurisdiction to try the said suit was framed and the same was heard as preliminary issue as per order of this Court in a first misc. appeal arising out of an order of injunction in connection with the said suit.;