Advocates appeared:

Shri B.P. Sharma with Shri K. Mehra, for the Petitioner.

Shri H.B. Agarwal, Senior Advocate with Shri O.P.Agarwal, and Shri A.K. Sinha, for the Respondent No.1.

Shri Prashaant Mishra, Addl. Advocate General, for the Respondent No.2008(3) C.G.L.J./State.

ORDER

1. This revision under Section 115 of the Code of Civil Procedure (for short "the CPC") has been directed against the order dated 7-12-2006 passed by the Civil Judge, Class II, Katghora in Civil Suit No. 90-A of 2004 whereby petitioner's application under Order VII Rule 11 of the CPC for rejection of the plaint has been dismissed.

2. State of Chhattisgarh executed a lease deed in favour of the petitioner and thereby leased out land measuring 37.91 acres bearing Khasra Nos. 850/24, 850/27, 850/28, 850/30, 850/31 and 850/32 which is the land in dispute. Respondent No. 1 claiming the land of his own on the ground that under the Coal Bearing Area (Acquisition and Development) Act, 1957 the land has been acquired by the Central Government for them and they are accordingly title holders thereof, filed a civil suit for declaration of title and permanent injunction.

3. Petitioner filed an application under Order VII Ru

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