Dr. Amitava Samanta And Ors vs Medinipur Samanway Sanstha And Ors
2025 Latest Caselaw 417 Cal/2

Calcutta High Court

Dr. Amitava Samanta And Ors vs Medinipur Samanway Sanstha And Ors on 16 July, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-12

                           IN THE HIGH COURT AT CALCUTTA
                        ORDINARY ORIGINAL CIVIL JURISDICTION
                                        ORIGINAL SIDE

                                 IA NO. GA/5/2024
                                   In CS/11/2024
                          DR. AMITAVA SAMANTA AND ORS.
                                         Vs
                      MEDINIPUR SAMANWAY SANSTHA AND ORS.

BEFORE :
THE HON'BLE JUSTICE ARINDAM MUKHERJEE

Date : 16th July, 2025.

Appearance :

Mr. Debnath Ghosh, Sr. Adv.

Mr. Sourojit Dasgupta, Adv.

Mr. Amaresh Bag, Adv.

Mr. Shomrik Das, Adv. ...for plaintiffs.

Mr. Nirmalya Dasgupta, Adv.

Mr. R. L. Mitra, Adv. ...for defendants.

The Court : - This is an application for rejection of the plaint on the ground that

the City Civil Court at Calcutta has the exclusive jurisdiction to receive, try and

determine the suit. The defendant being the applicant in the instant application has

resumed its argument and has referred to the definition of "Court" under section 2(a) of

the West Bengal Societies Registration Act, 1961 (in short, '1961 Act') to contend that in

respect of a suit in relation to a society the principal civil court of original jurisdiction in

relation to a society situated within the Presidency Town of Calcutta is the City Civil

Court established under the City Civil Court Act, 1953.

The defendant/applicant has also relied upon the provisions of section 2(44) of

the General Clauses Act, 1897 to submit that Presidency Town shall mean the local

limits for the time being of the ordinary original civil jurisdiction. The applicant has also

relied upon the provisions of City Civil Court Act to contend that the Society in the

instant case has its office within the Ordinary Original Civil Jurisdiction of this Court

and, as such, it should be the City Civil Court where the suit is required to be

instituted. It is also the submission of the applicant that the court of lowest grade as

indicated in section 15 of the Court of Civil Procedure, 1908 read in the context of the

instant case would mean, the City Civil Court. Although, the suit which is essentially for

declaration and injunction has been valued in excess of Rs.10 lakhs, having regard to

the concurrent jurisdiction the plaint ought to have been presented before the City Civil

Court for institution of the suit. It is the further case of the defendant/applicant that

1961 Act is a special statute and being later in time will have an overriding effect over

the City Civil Court Act, 1953. Furthermore, it is submitted that the judgment and order

in FMAT/1300/2018 (Birbhum Institute of Engineering and Technology & Anr. vs. Uttam

Kumar Ghosh) delivered on 28.1.2019 by a Division Bench of this Court while dealing

with the provisions of section 2(a) of the 1961 Act has said that the liberal and literal

meaning to the words in the statute is required to be given. Going by such ratio, it

would appear that only the City Civil Court has the jurisdiction to receive, try and

determine the suit of like nature. It is further submitted by the defendant/applicant

that the judgment in IA No.GA/1/2023 filed in CS/37/2023 delivered on 2.3.2023 has

clearly distinguished in the facts of that case as to why the suit was entertained by this

Court. In the said judgment, the value of the suit was over Rs.2 crores and, as such, the

suit has been filed for being tried by this Court and not the City Civil Court.

The plaintiffs seek an adjournment to commence argument.

List this matter on 1st August, 2025 under the heading 'For Orders'.

(ARINDAM MUKHERJEE, J.)

pkd.