KOLKATA MUNICIPAL CORPORATION Vs. KALAWATI SHRIMALI

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order being No. 28 dated 30th July, 2004 passed by the learned IXth Bench of the City Civil Court in Title Suit No. 657 of 2002 by which the defendants' application for rejection of plaint under Order VII Rule 11 (d) of the Code of Civil Procedure was rejected.

(2.) The defendant is the petitioner before this Court.

(3.) The plaintiff filed the suit claiming the following reliefs :- "a) A decree of declaration that the demand as reflected in the Letter of Intimation number C.M.C. 0000 142758L dated 13th March, 2002 and notice being Memo No. DIS/dmc/2002 dated 12.4.2002 is bad and untenable in the eye of law and the defendant authorities and each of them have no right or authority to proceed on the basis of such demand; b) A decree of declaration that the defendant authorities and each one of them have no right or authority to disconnect the Water Supply line of Premises No. 3B, Darpanarayan Tagore Street, Calcutta or to seal the tubewell if any in the said premises on the basis of non- payment of the demand or contained in Letter of Intimation number C.M.C. 0000142758L dated 13th March, 2002 and/or in the notice being Memo No. DIS/dmc/2002 dated 12th April, 2002 ; c) A decree of permanent injunction restraining the defendants, their men, agents and subordinates and each one of them from taking any steps and/or further steps for recovery of the amount of demand as contained in Letter of Intimation No. C.M.C. 0000142758L dated 13th March, 2002 and/or the notice being Memo No. DIS/dmc/2002 dated 12th April, 2002 and further restraining the defendants, their men, agents and subordinates and each one of them from disconnecting the connection of supply of Water and/or from sealing the deep tubewell, if any, to or at premises No. 3B, Darpanarayan Tagore Street, Kolkata on tbe basis of the demands contained in L.O.T No. C.M.C. 0000142758L dated 13th March, 2002 and/or the notice being Memo No. DIS/dmc/2002 dated 12th April, 2002 ; d) Costs ; e) Such further or other relief or reliefs as the plaintiff may be entitled to in law or equity."