Madhumati Mitra, J. - (1.)Plaintiff/Appellant has preferred this miscellaneous appeal challenging the impugned order no.29 dated 18.11.2016, passed by the learned Civil Judge (Senior Division), Sealdah in Title Suit No.77 of 2015. By the impugned order the learned Judge has rejected the application under order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed by the plaintiff/appellant praying for an order of temporary injunction.
(2.)It is pertinent to note the facts giving rise to the appeal in a detailed manner for the purpose of proper appreciation.
(3.)Appellant/Plaintiff started a suit praying for a declaration that the notice dated 28.06.013 issued by defendant no.1 through defendant no.2 by email was illegal and not binding on the plaintiff and other consequential reliefs before the Learned Civil Judge (Junior Division), 2nd Court, Sealdah and the said suit was registered as Title Suit No.355 of 2013. The plaint of the said suit was returned by the then learned Civil Judge (Junior Division), for filing before the appropriate Court. Thereafter, the suit was filed before the Court of Learned Civil Judge (Senior Division) and renumbered as Title Suit no.77 of 2015.