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2014 (3) TMI 1177 - SC - Indian LawsSuit for declaration and injunction by the Appellant - suit for dissolution of marriage in the City Civil Court at Calcutta which was transferred before the Family Court - HELD THAT:- The High Court after perusing the facts and after considering the averments made in the plaint held that after deleting the name of Plaintiff No. 1 from the plaint, it is clear from the averments that the plaint discloses no cause of action, and accordingly held that Plaintiff No. 2 has no independent cause of action to proceed with the suit and the handing over of possession of the suit premises is nothing but to carry out an order passed by the High Court and thereby Plaintiff No. 2 being the son, cannot have any cause of action in the matter. In view of the above, the High Court reversed the order of the trial court, allowed the application and rejected the plaint. Being aggrieved, this appeal has been filed on the ground that the said property is a trust property and that the Appellant has a right to reside there as one of the trustees, and that he as a legal heir and son of the Respondent, is entitled to reside in the suit property in terms of the trust deed. The High Court has correctly perused the plaint in its entirety and after deletion of the name of Plaintiff No. 1 from the said Title Suit, held that the plaint discloses no cause of action after taking into account the fact that the very purpose of the suit has become infructuous in view of the order passed by the High Court to hand over the possession of the rooms in question. Therefore, the foundation of the suit was not subsisting after the handing over of possession to the Defendant by Plaintiff No. 1 in terms of the order. Hence, in these circumstances, the High Court held that the plaint discloses no cause of action. There is no merit in the appeal - appeal dismissed.
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