BRIJ NANDAN MAHTO Vs. RANJOO DEVI

JUDGEMENT

(1.) This civil revision application is directed against the order dated 29.9.2001 passed by learned Munsif, Barh in Title Suit No. 37 of 2000 whereby the objection raised by the defendant-petitioner under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the "Code?) has been disposed of observing inter alia that the objection as to the maintainability of the suit in context with the cause of action being connected with the merits of the claim shall be tried along with other issues at the stage of final hearing and disposal of the suit.

(2.) The suit in question has been filed by the plaintiffs-opposite party Nos. 1 to 3 seeking inter alia a declaration of title and possession over the suit land described in Schedule 1 of the plaint as also for a declaration that the defendant Nos. 1 and 2, who are the petitioner before this Court, have acquired no title or possession and cannot interfere with the peaceful possession of the plaintiffs over the land described in Schedule 1.

(3.) The relief prayed in the suit together with schedule property is as follows:-