Santanu Adak v. Tara Sankar Gumta and Ors.
Case brief
What is this about?
Calcutta High Court, C.O. No. 3239 of 2024, Biswajit Basu, J.; Article 227; pre-emption; West Bengal Land Reforms Act, 1955 Sections 8 and 9; Order VII Rule 11 CPC rejection of plaint/application; disputed transaction sale versus exchange; pre-emptee petitioner; J. Misc. Case (Pre-emption) No. 31 of 2022, Civil Judge (Junior Division), Haldia, Purba Medinipur; impugned Order No. 06 dated 16.03.2023; revision dismissed without costs; expedite disposal, no unnecessary adjournments.
What did the court decide?
The nature of the disputed transaction (whether sale or exchange) would be decided at the time of final adjudication of the pre-emption application along with the other evidence on record, and cannot be treated as a ground for rejection of the pre-emption application under Order VII Rule 11 CPC. ¶10