Mr. Lalratan Mondal, Adv.
Ms. Antara Das, Adv.
Ms. Munmun Dubey, Adv.
Ms. Arpita Saha, Adv.
Judgment on : 20.08.2025
Arijit Banerjee, J. :-
1. This appeal and cross-objection are directed against a judgment and
order dated February 12, 2025, passed by a learned Judge of this Court in
GA no. 9 of 2023 filed on CS no. 222 of 2021.
2. The appellant, Smt. Molina Dey (in short Molina) has filed the suit
against the defendant, Smt. Runa Kundu (in short Runa), for eviction,
recovery of khas possession of the suit premises and mesne profits. Runa
filed an application for rejection of the plaint. It is that application which
was disposed of by the learned Single Judge with a direction that the plaint
to be returned to the plaintiff i.e., Molina, with liberty to file the same before
the appropriate Court in accordance with law. The learned Judge came to
the conclusion that the suit is a commercial suit and therefore ought to be
filed in the Commercial Division of the High Court. Being aggrieved, Molina,
the plaintiff, has filed the instant appeal.