Sl.11 11.09.2026 Court No.6 BP C.O. 3075 of 2026 Bibhishan Murmu -versus- Prantapalli – O – Khadhya Samabaya Multipurpose Society Limited & Ors. Mr. Arup Krishna Das Mr. Rajarshi Ghosh ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no.11 dated 5th August, 2026 passed by the learned Civil Judge (Junior Division), Additional Court at Asansol, Paschim Bardhaman in Title Suit No. 668 of 2025. By the order impugned the application under Section 10 of the Code of Civil Procedure stood rejected. Mr. Das, learned advocate appearing for the petitioner submits that a prior suit being Title Suit No. 627 of 2025 filed by the petitioner herein against the Secretary of the Co-operative Society being the opposite party no.1 is pending. He submits that the issues in both the suits are same. After going through the order impugned this Court finds that the learned trial judge rejected the application under Section 10 of the Code of Civil Procedure on the ground that the said application is a premature one as the issues have not yet been framed. 2 On a query of the Court Mr. Das, learned advocate appearing for the petitioner, in his usual fairness, submits that the issues in Title Suit No. 668 of 2025 is yet to be framed. For such reason, this Court does not find any infirmity in the order impugned. It is, however, made clear that this order shall not preclude the petitioner from taking appropriate steps in accordance with law after framing of issues. Accordingly C.O. 3075 of 2026 stands dismissed. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)