SIDHINATH BHAGAT Vs. AWADHESH KUMAR BHAGAT

JUDGEMENT

(1.) This civil revision by the defendant 1st party is directed against the order dated 13.6.97 passed by the 3rd Subordinate Judge, Godda, in Title Partition Suit No. 8 of 1990 by which the application to dismiss the suit as being not maintainable has been rejected.

(2.) The suit is said to be barred in view of the provisions of Section 5 read with Section 9 of the Santhal Parganas Settlement Regulation, 1872 (Regulation No. 3 of 1872). Section 9 runs as follows:

(3.) Counsel for the petitioner has relied on Annexure -1. Annexure -1 purports to be part of the schedule of so called notification under Section 388 of the Bihar Municipal Act, It is suggested that no part or area of the District of Godda has been mentioned in the said schedule as being "notified area" within the meaning of Section 388 of that Act. Therefore, in terms of the notification dated 14.10.96 (supra) the villages in question would be deemed to be part of the area notified under Section 9. The suit, therefore, is not maintainable.