Madan Mohan Prasai, J.

1. These two applications have been heared together in pursuance of an order to that effect and in view of the questions arising therein being common. They are directed against two similar orders passed by the court below by which it has returned the plaint of two suits to be filed in a proper court on the ground that they were beyond the jurisdiction of that Court.

2. It is necessary to state that river Ghaghra and Ganga intervene some parts of the territories of the States of Uttar Pradesh and Bihar. The midstream is taken to be the boundary between the two States. It has on account of the inherent changing nature of the boundary line, to be determined from year to year. On a court of the process of alluvion and diluvion the territories either became or cease to be the territories of one or the other State. In order to remove this constant difficulty came to be passed the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (hereinafter referred to as the Act). The provisions of this Aact enabled fixation of permanent boundaries between the two States by fixing pillars in the river and not leaving the midstream boundary to be determined from