1. This application in revision by the plaintiffs is directed against the order of the learned Subordinate Judge, Bhagalpur where by the plaint was rejected under Order 7, rule 11 (d) of the Code of Civil Procedure.

2. The facts essential for disposing of the present application are hereinafter stated.

3. The suit lands were bakast jote lands of the ex-landlords of Barari. At a family partition or the ex-landlords they fell to the share of Shashi Mohan Thakur. The lands being bakast were deemed to be settled with the ex-proprietor. The lands being diara lands, were subject to erosion and fluvial action of river Ganges and went down the waters sometime in 1961/62. The State Government initiated proceedings for consolidation of holdings in terms of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1961/62 (hereinafter referred to as the 'Act'). The consolidation proceedings were completed and notification to the effect was finally published on 19.1.1965. It is not disputed that in the course of the consolidation proceedings the suit lands were submerged in water. In the consolidation proceedings in the matter of preparation of upto-date record of ri