MAHESHWAR PRASAD SINGH, SON OF LATE SUDHIR PRASAD SINGH, RESIDENT OF 1 NUMBER COLONY , P.O./P.S./DISTRICT Vs. AWADESH KUMAR GUPTA, SON OF LATE SUDHIR KUMAR

JUDGEMENT

(1.) Heard Mr.Rakesh Chandra, learned counsel appearing for the petitioner.

(2.) By the impugned order, the learned court below has rejected the petition filed by the defendant-petitioner under Order 7, Rule 11 (d) C.P.C praying for rejection of the plaint.

(3.) It has been submitted by the learned counsel for the petitioner that the suit was filed by the plaintiff-opposite parties questioning the legal validity of cancellation of the settlement of the suit property. It has been propounded that such suit was clearly barred the provisions of Bihar Government Premises (Rent, Recovery and Eviction) Act -1956 as no order for cancellation of settlement could have been challenged before the civil court in view of the alternative relief for filing the appeal as envisaged under the provisions of the said Act. It has been further also argued that the learned court below has passed a cryptic order and has not given cogent reasons for rejection of the petition filed by the petitioner.