Wednesday, June 9, 2021

Written Objection of Defendant against the Petition under Order 39 Rule 1 & 2, read with Section 151 of Civil Procedure Code, filed by the Plaintiff

 

District : South 24 Parganas.

 

In the Court of the Learned 2nd Civil Judge ( Junior Division ), at Baruipur, South 24 Parganas.

 

                                                          Title Suit no. 261 of 2011.

 

                                                          Smt. Shantilata Rudra

                                                                                      _______Plaintiff.

 

-          Versus –

 

Shri Dulal Chandra Naskar & Ors.

____Defendants.

 

Written Objection of Defendant no. 1, Shri Dulal Chandra Naskar, against the Petition under Order 39 Rule 1 & 2, read with Section 151 of Civil Procedure Code, filed by the Plaintiff.

 

 

The Defendant above named states as follows :

 

  1. The Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. is not maintainable either in facts or in its present form.

 

  1. The Plaintiff has no cause of action for the Suit as well as for such petition.

 

  1. That the Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. is speculative, harassing, motivated and barred by the Principles of law and hence it is liable to be rejected.

 

  1. The present Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. is barred by the principles of estoppel, waiver, and acquiseence.

 

  1. The Suit as well as Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. are result of deep rooted conspiracy and collusion amongst the persons intended to grab the property and or Land Mafia, who have wrongfully and illegally conspired and colluded with each other to cause undue harassment to this defendant on the basis of purported forged documents, and more particularly the present suit has filed by a fictitious person as plaintiff to the present suit, as such there is no existence of the Plaintiff named as Shantilata Rudra, Wife of Netai Rudra, of Village – Barhansh Fartabad, Police Station – Sonarpur, District – South 24 Parganas,  In fact this defendant called upon the plaintiff to produce originals of the said documents as well as to personally appear in person with the proof of her identity, prior to the date of hearing enabling this defendant to inspect the original of such purported documents and also to inspect her identity, and to file additional written statement on disclosure of further details in that regard and in such circumstances this defendant reserve his right to amend the written statement or to file additional written statement as the case may be to that effect at the appropriate time and juncture.

 

  1. Save and except the statements of the Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. specifically admitted herein, the defendants denies each and every other statements as alleged in the said petition and puts the plaintiff to the strict proof thereof.

 

  1. That the defendant, states that the Plaint as well as Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. filed by the fictitious plaintiff is in gross abuse process of law, without merit and liable to dismiss with costs, at once.

 

  1. At the outset the Defendant, herein states the following facts for proper & fair adjudication in the instant suit proceedings :

 

I.                     That the Defendant purchased ALL THAT THE Land measuring about 31 Cottahas 2 Chhitaks ( more or less ) at Mouza – Tegharia, R.S. and L.R. Dag no. 24, Khatian no. 552, Police Station Sonarpur, District – South 24 Parganas, for Valuable consideration through the Deeds (a) Deed no. 05364 for the year 2011, registered in Book no. I, CD Volume no. 18, Pages from 1713 to 1722, registered at District Sub Registrar – IV, South 24 Parganas, Alipore District Registry Office, West Bengal. (b) Deed no. 05366 for the year 2011, registered in Book no. I, CD Volume no. 18, Pages from 1733 to 1742, registered at District Sub Registrar – IV, South 24 Parganas, Alipore District Registry Office, West Bengal. (c) Deed no. 05365 for the year 2011, registered in Book no. I, CD Volume no. 18, Pages from 1723 to 1732, registered at District Sub Registrar – IV, South 24 Parganas, Alipore District Registry Office, West Bengal.

 

II.                  That the defendant Purchased Land measuring about 31 Cottahas 2 Chhitaks ( more or less ) at Mouza – Tegharia, R.S. and L.R. Dag no. 24, Khatian no. 552, Police Station Sonarpur, District – South 24 Parganas, from the Vendor Sri Eyar Ali Mullick, whose name has been duly recorded in the record of Rights and finally published in Revenue Survey Record or PORCHA by the Office of the B.L. & L.R.O. Sonarpur, South 24 Parganas, and whereas after such purchase by the Defendant, the defendant, mutated his name and paying taxes to the B.L. & L.R.O.

 

III.               That the Defendant states that Defendant applied for conversion of the said Land from Shali to Bastu before the Authority of the B.L. & L.R.O. and whereas subsequently the said conversion of Land of the Defendant’s has been allowed and the Parcha published clearly shows the said Land is now by nature a “Bastu Land” in the name of the Defendant and the detailed information on inspection also shows that the said Land has been converted duly in accordance with the Law as Bastu, in the name of Defendant.

 

IV.               That Defendant states that the Vendor Sri Eyar Ali Mullick, also made a Deed of Declaration on 21st day of February’ 2012, stating interalia the Facts of Registration and Transfer through the Deed of Conveyance in favour of your Petitioner, vide Deed no. 01365 for the year 2012, Registered in Book no. I, CD Volume no. 5, Pages from 1755 to 1764, registered at District Sub Registrar – IV, office of the D.S.R. – IV South 24 Parganas, West Bengal.

 

V.                  That the defendant is an absolute Owner of the property described as Land measuring about 31 Cottahas 2 Chhitaks ( more or less ) at Mouza – Tegharia, R.S. and L.R. Dag no. 24, Khatian no. 552, Police Station Sonarpur, District – South 24 Parganas, and whereas the defendant enjoying such property by paying all necessary Govt. Revenues and others

 

  1. That without waiving any of the aforesaid Objections and Facts and fully relying thereupon and without prejudice to the same. The Defendant, now deals with the specific paragraphs of the said Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. in seriatim as hereunder.

 

  1. The statements as alleged in paragraph nos.1 to 8, of the plaint are all emphatically denied by the defendant as the same are not at all true or correct and more particularly based upon forged documents and or papers. The defendant does not admit any thing as those are not the matter of facts as well as not the matter of true record, whatsoever, the story enumerated in such fancifully manner to in clinch issues in favour of the fictitious plaintiff, solely based on the forged and manufactured documents and or papers. The defendant states that the defendant enquire about the truth of the statement of the plaintiff as enumerated in paragraph no. 6 of the plaint, about the Title Suit no. 211 filed in the year 1960, before the Learned 2nd Civil Judge ( Junior Division ) at Baruipur, South 24 Parganas, with the concerned Judicial Record Section situated at Alipore Judges’ Court, Alipore, Kolkata, South 24 Parganas, and astonished upon receipt of the certified copy of the entry recorded in the index of the said concerned judicial record section of the Alipore Judges’ Court, Alipore, South 24 Parganas, as such the said Title Suit being no. 211 of 1960, was not instituted by this fictitious plaintiff, and whereas the certified copy shows that the plaintiff in the said Suit is Bipin Behari Halder and the defendants are as Sarat Chandra Mondal and 4 others, and whereas the said Suit finally decided as on 24-05-1962, as Defunct with cost. Thus the present suit is a malicious proceeding having fictitious plaintiff, with false and fabricated / concocted story and more particularly with the forged documents / papers. The present suit instituted by some un scripture person by the fictitious plaintiff herein, to harass the plaintiff in several manners.

 

  1. With regard to the paragraphs nos. 9 and 11, of the Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. are all emphatically denied by the defendant, in view of the above stated herein.

 

  1.   The Defendant states and submits that the said Plaint as well as Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. filed by the Fictitious Plaintiff herein with baseless, frivolous, concocted and untrue allegation against the Defendant, and with dubious intention, and thus liable to be rejected with exemplary costs, at once.

 

  1. The cause of action for the suit has not arisen in the manner as alleged in the plaint and the plaintiff can not be said to have any cause of action for the suit. In fact, the suit is bad for multi – feriousness of cause of action.

 

  1. The Suit as well as Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. are vexatious, frivolous, harassing, and liable to be dismissed with cost.

 

  1. That in the above stated Facts and Circumstances, the Defendant seeks dismissal of the Plaint as well as Petition under Order 39 Rule 1 & 2, read with Section 151 of C.P.C. with exemplary Costs and others.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Documents Relied Upon by the Defendant :

 

(a)    Deed no. 05364 for the year 2011, registered in Book no. I, CD Volume no. 18, Pages from 1713 to 1722, registered at District Sub Registrar – IV, South 24 Parganas, Alipore District Registry Office, West Bengal.

(b)   Deed no. 05366 for the year 2011, registered in Book no. I, CD Volume no. 18, Pages from 1733 to 1742, registered at District Sub Registrar – IV, South 24 Parganas, Alipore District Registry Office, West Bengal.

(c)    Deed no. 05365 for the year 2011, registered in Book no. I, CD Volume no. 18, Pages from 1723 to 1732, registered at District Sub Registrar – IV, South 24 Parganas, Alipore District Registry Office, West Bengal.

(d)   Parcha of the B.L. & L.R.O. and other related papers or documents of B.L.& L.R.O.

(e)    Certified Copy of the Title Suit no. 211 of 1960.

(f)     And other related and relevant documents and or papers.

 

 

 

 

 

 

 

 

AFFIDAVIT

 

 

Affidavit of Sri Dulal Chandra Naskar, Son of Late Lalit Mohan Naskar, aged about _______ years, by faith Hindu, by Occupation – Business, residing at Village – Tegharia, Post Office – Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas.

.

I, the above deponent do hereby solemnly affirm and declare as under :-

 

1 : That I am the defendant no.1 in the above Suit / case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

 

2 : That the facts contained in aforesaid Written Objection, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

 

 

 

 

 

                                                                                      DEPONENT

 

 

 

 

 

 

 

 

Verification

 

 

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, and no part of it is false and nothing material has been concealed therein.

 

Verified this ………….the day of …………….2013, at Kolkata.

 

 

 

 

 

                                                                   DEPONENT

                                                                   Identified by me,

 

 

                                                                   Advocate.

Prepared in my Chamber,

 

 

Advocate.

Dated :……………2013.

Place : Kolkata.                                                    

 

 

                   N O T A R Y

 

 

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