2012 AIR CC 543 (PAT) ::AIR 2012 (NOC) (SUPP) 568 (PAT.) ::(2012) 2 ICC 344 ::2013 (121) AIC (SOC) 17 (PAT)

Patna High Court

Hon'ble Judge(s): V. Nath, J. , J

(A) Civil Procedure Code (5 of 1908) O. 7, R. 11— Rejection of plaint — Powers of Court — Prayer for rejection of plaint on ground that relief as to assailing of orders as being without jurisdiction in plaint, was time- barred — Order, however, not filed along with plaint — Averments of plaint not showing that plaintiffs sued upon that document or relied upon same in support of their claim — Prayer of petitioner to look into contents of order cannot be acceded to (Para 14)

(B) Bihar Land Reforms Act (30 of 1950) S. 5 — Application for fixation of fair rent — Tenant of a homestead of an ex-intermediary, be it either a month to month tenant or a tenancy under permanent lease — Has no right to maintain petition for fixation of fair and equitable ground rent under this provision (Para 18)

(C) Civil Procedure Code (5 of 1908) O. 7, R. 11— Order of rejection of plaint — Validity — Suit for eviction — Order of fixation of rent under Bihar Land Reforms Act, 1950 challenged as being without jurisdiction — Provisions of Act not attracted in facts of case — Order thus, appearing to be prima facie without jurisdiction — Objection by petitioner that suit is barred by limitation as said order was not challenged within three years— period — No pleading or proof, however, by petitioner defendant by leading evidence in course of hearing of suit that plaintiffs were in fact intermediaries and suit properties were included in their intermediary interest over which defendant-petitioner had been granted permanent lease by plaintiffs and same had vested in State of Bihar under provisions of Bihar Land Reforms Act, 1950 — Held that, suit with regard to relief as aforesaid cannot be held to be barred by limitation on basis of averments of plaint and consequently plaint cannot be rejected under Order 7, Rule 11(d) (Para 18,20,21) .....