**Presidency Small Causes Court, Calcutta**: Disposed of a revisional application against an order rejecting an application for rejection of plaint due to non-maintainability, holding that the dispute over executorship was a triable issue.
Revisional application disposed of without interference with the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.84 15.04.2024 Court. No. 19 GB
C.O. 2673 of 2023
Sunil Lachmandas Daswani & Ors.
Vs. Smt. Rupasree Dass & Anr.
Mr. Tanmoy Mukherjee, Ms. Mrinalini Majumder, Mr. Debabrata Ray
… for the Petitioners.
Mr. Uttiya Ray, Mr. Anirban Ghosh
… for the Opposite Parties.
2
impleaded in such a suit. Accordingly, the court was of the view that a meaningful reading of the plaint did not indicate that the suit was barred either on the ground of maintainability or under any other law in force. The court held that the West Bengal Premises Tenancy Act, 1997 being a special Statute should be adjudicated with regard to the specific provisions in the said Act. The lis involved was only between the landlord and the tenant. Moreover, the question of misjoinder of parties was a mixed question of law and fact, which was to be decided on evidence. The learned court accordingly rejected the application as the court was of the view that the plaint read as a whole disclosed a cause of action, and the suit was maintainable.
3
of the suit and her heirs have been substituted. Thus, the question of grant of probate would not further arise as the wife of the testator had died.
“2. The Suit premises was let out by the said Gopinath Roy, since deceased, to the defendant for the purpose of his residence.
- The said Gopinath Roy, since deceased, departed his life on 20th December, 2010. Upon the death of Gopinath Roy, since deceased, the interest of the said Gopinath Roy, since deceased, in the said premises no.11, Chowringhee Lane, P.S. – New Market, Kolkata – 700016, including the suit premises developed upon the plaintiff for her life in terms of the last Will and
4
Testament dated 21st July, 2006 of Gopinath Roy, since deceased. The plaintiff has already applied probate for the said last Will and Testament of Gopinath Roy, since deceased, as the sole executrix name therein.”
(Shampa Sarkar, J.)
1 issue framed by the court
Whether the revisional application should interfere with the impugned order rejecting the application under Order 7, Rule 11 of CPC.
Sunil Lachmandas Daswani & Ors.
Smt. Rupasree Dass & Anr.
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
