PHULWATI DEVI Vs. ASLAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioners are defendants in Eviction Suit No. 1/1994 which was filed by the opposite parties originally for eviction of one Tinkauri Mahto, the predecessor of the petitioners on the grounds of personal necessity of the plaintiffs and default by the defendants in payment of rent and also for recovery of arrears of rent from the defendants. Later, by amendment another relief for declaration of plaintiffs' title was added in the plaint in 1998.

(3.) The petitioners are aggrieved by order dated 9.10.2002 passed in the aforesaid suit by which the learned First Munsif, Munger, rejected their petition (Annexure-1) filed under Order-VII, Rule-II and Order-VI, Rule-16 of the Code of Civil Procedure for dismissing the suit in limine as, according to them, the plaint did not disclose any cause of action for trial.