Pranita Adka Maji v. Tara Sankar Gumta and Ors.
Case brief
What is this about?
Pre-emption proceeding (Sections 8 and 9, West Bengal Land Reforms Act, 1955) before Civil Judge (Jr. Div.), Haldia, Purba Medinipur — J. Misc. Case (Pre-emption) No. 32 of 2022; Article 227 civil revision C.O. No. 3238 of 2024 dismissed without costs on 11.09.2024 (Biswajit Basu, J.); plea that the disputed transaction was an exchange, not a sale, held incapable of serving as an Order VII Rule 11 CPC ground for rejection at the threshold, the sale/exchange question being reserved for final adjudication with the evidence on record.
What did the court decide?
The nature of the disputed transaction (whether sale or exchange) is to be decided at the time of final adjudication of the application for pre-emption along with the other evidences on record, and cannot be considered a ground for rejection of that application under Order VII Rule 11 of the Code of Civil Procedure.