1. This civil revision is directed against the order dated 5-11-2009 passed by Munsif, Danapur, in Title Suit No. 46 of 2008, whereby the application filed by the defendant-petitioner under Order 7 Rule 11 of the Code of Civil Procedure had been rejected.

2. Heard learned counsel for the defendant-petitioner and the plaintiffs-opposite party Nos. 1 and 2.

3. This revision is being disposed of at this stage with the consent of the parties.

4. Plaintiffs-opposite parties did not raise any issue with regard to maintainability of this civil revision. However, in view of the law laid down by the Division Bench in Civil Revision No. 1967 of 2009 : (AIR 2010 Patna 126) and other referred matters, it is held that this civil revision is maintainable.

5. Now, I proceed to consider this revision on its merit.

6. The defendant-petitioner had filed Title Suit No. 125 of 1969 for declaration of title and confirmation of possession and alternatively for recovery of possession with respect to open space of land and for other ancillary reliefs. The suit was dismissed by the learned Munsif-II, Patna, by judgment dated 31-3-1979 against which the defendant-petitioner (plaintiff in the afores