1. Leave granted.
2. The appellants are before this Court aggrieved by the
order dated 17.05.2016 passed by the High Court of Calcutta
declining to issue a direction to the Trial Court to dispose
of an application under Order VII, Rule 11 of CPC.
3 The High Court has taken note of the fact that a similar
attempt made by the appellants before this Court had already JUDGMENT been declined. Therefore, at this stage, despite the
persuasive submissions on the part of the learned counsel
based on the decision of this Court in Civil Appeal No. 5540
of 2016, R.K.Roja Vs. U.S. Rayudu that application filed
under Order VII, Rule 11, CPC has to be disposed of before the
trial court, we are not inclined to interfere in the peculiar
facts of this case. Be that as it may, it is seen from the
issues, which have been framed by the High Court, that the
maintainability as well as the cause of action are separate
issues on which the trial court has to proceed. Now that all
the objections raised by the appellants in the application
filed under Order VII, Rule 11, CPC are covered by the issues
already framed, it is not necessary to frame any additional
issue. The application under Order VII, Rule 11, CPC will
stand rejected.
4 Therefore, this appeal is dismissed however, with a
direction to the trial court to try and dispose of Civil Suit
i.e. T.S.No.1615 of 2013 on the file of the City Civil Court,
Calcutta, if necessary on day-to-day trial and dispose of the
suit expeditiously and in any case within three months from
today.
5 No costs.