Sabyasachi Bhattacharyya, J. - (1.) The present revision under Article 227 of the Constitution of India has been preferred against an order whereby the application of the defendants/petitioners under Order VII Rule 11 of the Code of Civil Procedure was dismissed by the court below.
(2.) The suit was filed by the plaintiffs/opposite party nos. 1 and 2 for the following reliefs: "A. Preliminary Decree for Partition of the Suit Properties. B. To appoint Partition Commissioner for effecting Partition of the Suit Properties on Defendants' failure to effect Partition within the time to be fixed by the Ld. Court with the direction upon the Ld. Partition Commissioner to prepare Partition Map after Partitioning the Suit Properties depicting Plaintiffs' share of land in each Suit Plots and to submit Map. Field Book, Report in Court. C. To accept the Report of the Ld. Partition Commissioner and to pass Final Decree treating those Report, Map, Field Book etc as part of the Final Decree. D. Permanent Injunction restraining the Defendants, their men, agents, servants and representatives from causing any damage of the Suit Properties and from changing the nature and character thereof and from undertaking any construction therein and from removing Earth and from putting extra Earth therein and from encumbering the Suit Properties in any manner and from dispossessing the Plaintiffs there from. E. Temporary and Ad-interim injunction in terms "D". F. Cost of the Suit. G. Any other Relies or Reliefs the Plaintiffs may be found entitled to as per Law, Equity and Justice."
(3.) The defendants/petitioners took out the application for rejection of plaint primarily on the premise that no cause of action for partition was disclosed in the plaint.;