AIR 2009 PATNA 88 ::2009 (3) AIR Jhar R 58 ::2009 (4) AIR Kar R 547 ::2009 A I H C (NOC) 602 (PAT)

Patna High Court

Hon'ble Judge(s): Mihir Kumar Jha , J

Civil P.C. (5 of 1908) , O.7 R.11(d)— Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act (12 of 1962) , S.16(3), S.43— Rejection of plaint - Ground that suit was barred by law - Plaintiff claiming to be co-sharer was claiming agricultural land by way of pre-emption - Provision of Ceiling Act applicable in State of Bihar were thereby applicable - S.43 of Ceiling Act would stand as a bar for maintaining suit claiming right by way of pre-emption - Plaint liable to be rejected. (Para 7 9)