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1993 Supreme(Pat) 348

BINOD KUMAR ROY
Dehri Lime Co. (Pvt. ) Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

Binod Kumar Roy, J.

1. In terms of Order dated 9-4-1993, I proceed to dispose of this Civil revision application on merits which has been filed against part of an order dated 27-11-1992 passed (on the petition dated 17-9-1992 of Opposite Party No. 1 as contained in Annexure-7-A) by Shri Md. R. Hussain, Subordinate Judge III, Sasaram in Title Suit No. 74 of 1967 holding that the Civil Court has got no jurisdiction to try the suit.

2. Relevant facts emerging from perusal of the revision petition, 8 Annexures attached to it, the impugned order and the submissions made at the Bar, are in a narrow compass The petitioner filed the suit in question for a declaration that it has got title over the new survey plots described in Schedule A of the plaint and that the defendants have no title or concern with the same after rejection of its objection by the survery authorities asserting that it has cast a doubt on its title. In view of the amendments made in Sec. 109 of the Bihir Tenancy Act by an Ordinance passed in 1971 by order dated 3-7-1971 the suit was transferred to the Collector holding that the Civil Court has got no jurisdiction. A Full Bench of this Court speaking through Unt















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