NAGENDRA RAI, J.

1. The petitioner has challenged the validity of the order dated 13-7-2001 passed by the Assistant Survey Settlement Officer, Rosera in Title Suit No. 143 of 1998 entertaining the suit under Section 106 of the Bihar Tenancy Act (hereinafter referred to as the Act) filed by respondent No. 5 after condoning the delay of 11 years and few months and subsequent order dated 29-1-2003 rejecting the application filed by the petitioner raising objection regarding maintainability of the suit as the same is barred by limitation on the ground that he has no power to review the earlier order.

2. Before the learned single Judge the petitioner relied upon a judgment rendered by a learned single Judge of this Court in the case of Kunti Kumari alias Manju Singh v. State of Bihar, reported in 1998 (3) PLJR 490, in support of the submission that the settlement authority has no power to condone the delay in filing the suit filed under Sec. 106 of the Act as Sec. 5 of the Limitation Act is not applicable. The learned single Judge doubted the correctness of the aforesaid judgment as according to him, the suit filed under Sec. 106 of the Act is not a suit filed in the Civil Court