(1.) This civil revision is directed against the order dated 5.11.2009 passed by Munsif, Danapur, in Title Suit No. 46 of 2008, whereby the application filed by the defendant-petitioner under Order VII Rule 11 of the Code of Civil Procedure had been rejected. Heard learned counsel for the defendant-petitioner and the plaintiffs-opp. party nos. 1 and 2.
(2.) This revision is being disposed of at this stage with the consent of the parties.
(3.) Plaintiffs-Opp. parties did not raise any issue with regard to maintainability of this civil revision. However, in view of the law laid down by the Division Bench in Civil Revision No. 1067 of 2009 and other referred matters, it is held that this civil revision is maintainable.