Siraj Tanksalwala And Anr vs Amalgamated Fuels Ltd. And Anr
2021 Latest Caselaw 519 Cal/2

OD-5


                   IN THE HIGH COURT AT CALCUTTA
                       Civil Appellate Jurisdiction
                             ORIGINAL SIDE


                               APOT/119/2021
                              WITH CS/14/2021

                               IA NO:GA/1/2021


                   SIRAJ TANKSALWALA AND ANR.
                               VS.
                 AMALGAMATED FUELS LTD. AND ANR..
                             ............

BEFORE:

The Hon'ble JUSTICE I. P. MUKERJI AND The Hon'ble JUSTICE ANIRUDDHA ROY Date : 18th August, 2021.

[VIA VIDEO CONFERENCE]

Mr. Nirmalya Dasgupta, Mr. J. Patnaik, Mr. D. N. Dey, Advs...for appellants.

Mr. Avinash Kankani, Mr. Sarosij Dasgupta, Mr. Suman Majumder, Advs...for respondents.

Mr. Shayak Chakraborty, Mr. Anirudhya Dutta, Advs...for respondent nos.3 and 4.

The Court : We admit the appeal. Dispensing with all formalities

we dispose of it today.

This appeal is against a judgment and order dated 9th April, 2021 by

a learned single Judge dismissing two applications by the defendants [IA

No:GA/2/2021 and IA No:GA/3/2021]. This appeal is by the second

defendant in the application, GA/3/2021.

The application before the learned trial Judge was under Order 7

Rules 10 and 11 of the Civil Procedure Code for return/rejection of the

plaint on the ground that this Court had no pecuniary jurisdiction to

entertain, try and determine the suit. The basis of the objection was on

the valuation of the suit : Whether the suit was to be valued on the

market value of the property or on the value based on rent ?

To decide this issue, in our opinion, an extensive inquiry has to be

made by the court. Such inquiry would be both factual and legal.

This is not a case which can be decided on a bare reading of the

plaint.

This very defence of the second defendant has to stand to trial. The

learned single judge before whom the trial will take place may be

requested to frame the issue as to whether this court has pecuniary

jurisdiction to entertain, try and determine the suit as a preliminary

issue before deciding the other issues.

Time for the second defendant to file the written statement is

extended till 20th September, 2021.

The appeal and the connected application are disposed of with the

above observations, which will have the effect of modifying the impugned

judgment and order.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J. )

pkd.