JUDGEMENT
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(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.;
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