KARTIK PRASAD Vs. PARSADI PANDIT

JUDGEMENT

(1.) The petitioner has filed this Civil Revision against the order dated 25.1.2005 passed in T.D.S. No. 246 of 2003 by learned Sub-Judge II, Deoghar whereby the petitioner's application under Order VII, Rule 11 of the Civil Procedure Code has been rejected.

(2.) The plaintiff opposite party filed Title Suit No. 246 of 2004 praying for a decree of declaration of his right, title and confirmation of possession of the plaintiff over the suit land and also for declaration that the order passed in Criminal Miscellaneous No. 97 of 2000 dated 6.6.2000 by the Sub-Divisional Magistrate and order dated 10.4.2003 in Criminal Miscellaneous No. 37 of 2003 are null and void.

(3.) The defendant petitioner appeared and filed an application under Order VII, Rule 11 of the Civil Procedure Code praying for rejection of the plaint on the ground that the suit was not tenable as the suit property was acquired on the basis of a certificate granted by Bhoodan Yagna Committee and no suit can be filed against the said certificate.