Heard Mr. Shivaji Singh, learned counsel for the petitioner and Mr. Siddheshwari Prasad Singh, learned Senior counsel for the petitioner.

2. This civil revision application is directed against the order dated 28.8.2006 passed by learned Munsif, Danapur in Title Suit No. 19 of 2003 whereby the learned trial Court while considering the objection raised by the petitioner who is the defendant in the Court below under Order 7 Rule 11 of the Code of Civil Procedure read with Order 14 Rule 2 thereof, has been pleased to reject the same inter alia on grounds that the matter requires consideration at the stage of trial.

3. The suit in question giving rise to Title Suit No. 19 of 2003 has been filed by the plaintiff-sole opposite party for the following reliefs:

“11. That the plaintiff prays for the following reliefs;

(a) That on adjudication of the facts stated above it be declared that defendant acquired no title and possession on the basis of the said showy deed of gift dated 6.3.1981 and plaintiff has got title and possession in the said property.

(b) That it be declared that said showy deed of gift dated 6.3.81 is not binding on the plaintiff.

(c) That the possession of the pla