Calcutta High Court (Appellete Side)
3365/2011 on 28 September, 2011
Author: Dipankar Datta
Bench: Dipankar Datta
1 28.09.2011
Item No.27 SB C.O. 3365 OF 2011 Mr. P. K. Mukherjee, Mr. S. Chakraborty..............for the petitioners. Mr. S. Bhattacharyya.......for the opposite parties. The order impugned in this revisional application under Article 227 of the Constitution of India, bearing no.7 dated 06.09.2011, rejects an application under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant/petitioner. At the time of hearing of this application, Mr. Bhattacharyya, learned advocate appearing for the plaintiffs/opposite parties submits that having regard to the admission in the plaint that the plaintiffs/opposite parties are thika tenants, the jurisdiction of the Thika Controller under the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 ought to have been invoked for resolving the dispute and/or controversy raised in the suit. He, accordingly, makes a prayer for a direction on the trial Court to return the plaint for subsequent presentation of the same before the Thika Controller after complying with the formalities as mentioned in the aforesaid Act.
2Having heard learned advocates for the parties, this revisional application stands allowed. The order under challenge stands set aside. The learned trial Court, if an approach is made by the plaintiffs/opposite parties, shall return the plaint to them and, thereafter, they shall be at liberty to present the same before the Thika Controller after ensuring that the same is in conformity with the provisions of the said Act. While returning the plaint, the conditions mentioned in Order 7 Rule 10A shall stand dispensed with.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible.
(DIPANKAR DATTA, J.)