DEWAKI DEVI Vs. SURENDRA PRASAD

JUDGEMENT

(1.) Heard Mr. Binod Kumar, learned counsel for the petitioners.

(2.) The present application has been filed challenging the order dtd. 5/2/2018 by the defendants/petitioners whereby the learned court below has rejected the petition filed by the petitioners under Order VII Rule 11(a) and (d) of the Civil Procedure Code for rejection of the plaint.

(3.) Learned counsel for the petitioners submits that the suit does not disclose the cause of action and from perusal of paragraph-10 of the plaint, it would be evident that the Revisional Municipal Survey Record of Right has not been finally published and, therefore, as per Sec. 103-B of the Bihar Tenancy Act, 1885, the presumption regarding correctness of the final publication of Records of Rights shall only be taken if the Records of Right has finally been published. He next submits that in the plaint, the respondent/plaintiff has admitted that the Records of Right has not finally been published. Accordingly, the submission is that the plaint does not disclose the cause of action inasmuch as the respondent/plaintiff has appended Schedule-4 in the plaint which pertains to the Records of Right which has not finally been published and only draft publication of the same has been done in this regard.