Calcutta High Court
CO/3302/2026 of TUHIN CHAKRABORTY AND ORS Vs ANIL KUMAR PAL AND ORS on 23 September 2026
Ct. No.- 6 Aritra C.O. 3302 of 2026 Sri Tuhin Chakraborty & Ors. Vs. Sri Anil Kumar Pal & Ors. Mr. Kamal Krishna Pathak Ms. Pooja Saha ….for the petitioners This application under Article 227 of the Constitution of India is at the instance of the defendant nos.1 to 4 and is
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D/L- 32 23/09/2026 Ct. No.- 6 Aritra C.O. 3302 of 2026
Sri Tuhin Chakraborty & Ors. Vs. Sri Anil Kumar Pal & Ors.
Mr. Kamal Krishna Pathak Ms. Pooja Saha ….for the petitioners
This application under Article 227 of the Constitution of India is at the instance of the defendant nos.1 to 4 and is directed against an order dated June 18, 2026 passed by the learned Civil Judge (Jr. Div.) Bidhannagar. The opposite party no.1 filed a suit for eviction upon a declaration that the defendant nos.1 to 4 have no right, title, interest in the flat in question and for recovery of khas possession in respect of the said flat. The learned advocate appearing for the petitioners submits that the subject matter of dispute is a flat within a co-operative housing society. He submits that for such reason the instant suit is barred under the provisions of Section 145 of the West Bengal Co-operative Societies Act, 2006. The learned advocate appearing for the petitioner submits that several facts have been suppressed by the opposite parties in the plaint. However, after going through the plaint this Court finds that the dispute involved in the suit cannot be said to be arising out of an affairs of the co-operative society. The issue of suppression cannot be decided at the stage of Order 7 Rule 11 of the Code of Civil Procedure.
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For such reason this Court is not inclined to interfere with the order impugned. If it is the allegation of the petitioner that there is suppression of material facts, it is well open to the petitioner to take all defences in the written statement. If the issue as to maintainability arises from the pleadings of the respective parties, the learned trial shall frame such issue and decide the same in accordance with law. Accordingly, CO 3302 of 2026 stands disposed of. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)