Authority: Calcutta High Court, Circuit Bench at Jalpaiguri

Order Date: 18 June 2026

Case Overview

  • Parties: FOUR OF US REALITY LLP and others (petitioners) vs. Sri Aman Gupta (defendant).
  • Defendants filed an application under Order VII Rule 11 seeking declaration, permanent injunction, and rejection of the plaint for alleged non‑disclosure of cause of action.
  • Petitioners argued the plaint did not state current possession; defendants relied on documents (police report, enlistment certificate) to show plaintiff’s possession.
  • The trial judge rejected the Order VII application, finding a prima facie cause of action based on allegations of assault on a security guard and forcible entry into the plaintiff’s shop.

Final Outcome

  • The appellate court held no jurisdictional error in the trial judge’s decision and dismissed CO 58 of 2026, affirming the impugned order dated 23 February 2026.
  • The suit will continue to trial for evidence on possession; no order as to costs; certified copies may be issued upon request.

Topics: Civil Procedure, Injunction, Possession Dispute