Ashwini Kumar Sinha, J.-Defendants in Title Suit no. 85 of 1982 are the petitioners in the instant applicant. This application is directed against the ORDER :dated 18th January, 1983 by which the Court rejected the application filed by the defendants-petitioners under section 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as 'the Act') and' held that the suit was not hit by the provisions of section 4(c) of the Act, as the genuineness of the documents (on the basis of which the plaintiff wanted declaration of his title) is challenged and that has to be decided in the suit and hence in view of the decision of the Supreme Court in the case of Gorakh Nath Dube vs. Hari Narain Singh and others (A.I.R.1973 Supreme Court, 2451), the suit was well within the jurisdiction of the civil court.

2. The plaintiff-opposite party filed a title suit (85 of 1982) in the court of the Munsif 2nd, Buxar, for declaration of his title over the lands mentioned in the schedule of the plaint on the basis of the deed of gift dated 20.1.1981 executed in his favour. It is desirable to quote the relevant prayer, the plaintiff has asked fo