MEERA SINHA Vs. GIRJA SINHA

JUDGEMENT

(1.) PLAINTIFF/petitioner, aggrieved by the order dated 16-12-2003 passed by the Subordinate Judge-IVth, patna, in Title Suit No. 151 of 1997, rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure, has preferred this civil revision application under Section 115 of the Code of Civil Procedure (hereinafter referred to as the Code ).

(2.) THE Stamp Reporter has objected to the maintainability of the civil revision application and according to it rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure is a decree within the meaning of Section 2 (2) of the Code and as such appeal would lie.

(3.) PETITIONER contested the stamp report. By order dated 11-10-2004 without adjudicating the question of maintainability of the civil revision application the civil revision application was admitted for hearing. Ultimately, matter came up for consideration before the learned Single Judge on 18-4-2006. In its opinion there is apparent conflict between the Division Bench judgment of this Court in the case of Rameshwar thakur and Ors. v. Bhagwati Devi and Ors. , 1982 PLJR 167 : AIR 1982 Pat 75 and the division Bench judgment of this Court in the case of Rameshwar Thakur and Ors. v. Neeraj Kumar Thakur and Ors. , 1996 (1)PLJR 494. Accordingly, the learned Single judge referred the matter to be adjudicated by a larger Bench. Under the orders of hon'ble the Chief Justice this application has come for consideration before us.