A.K. Goswami, J.

This petition, challenging the order dated 7-4-2011 passed by the learned District Judge, Dimapur in F. A. No. I/11 and the order dated 8-12-2010 in CMC No. 16/10 in Title Suit No. 1/10, is filed under Section 115 of the Civil Procedure Code read with Article 227 of the Constitution of India.

2. By order dated 8-12-2010, an application under Order 7, Rule 11(a) and (d) read with Section 151, Civil Procedure Code filed by the petitioner/defendant No. I for rejection of the plaint was rejected. However, in the order, it is reflected that the application was filed under Order 7, Rule 11(a) and (b) read with Section 151, Civil Procedure Code. By the order dated 7-4-2011, the learned District Judge accepted the preliminary objection raised by the plaintiffs that the appeal filed under Rule 29(1) read with Rule 34 of the Administration of Justice and Police Rules, 1937, as amended by Nagaland (3rd amendment) Act, 1984, hereinafter referred to as Rules of 1937, is not maintainable and accordingly, had dismissed the appeal, granting liberty to the petitioners/appellants from agitating the issue under appropriate provisions of law.

3. The respondent Nos. I to 9 filed the suit numbered as Title Suit 1/10 in the Court of Civil Judge, Sr. Division, Dimapur, praying, inter alia, for a decree declaring the settlement order dated 17-12-1991 issued by the Addl. Deputy Commissioner, Dimapur and the order dated 20-7-2007 passed by the Deputy Commissioner, Dimapur in favour of the petitioner as without jurisdiction, illegal, null and void. In the suit, the plaintiffs also prayed for a decree:

"(i) Setting aside the impugned remarks entered in Jamebandi bearing Patta No. 157, Dag No. 203, Block No. 6, Mauza No. 1 of Dimapur town and title records relating thereto as well as the impugned Jamebandi bearing Patta No. 157/589, Dag No. 203, Block No. 6, Mauza No. 1 of Dimapur town for an area of 0-1-18 Ls issued in favour of Jame Masjid Committee on 15-12-2004 as illegal, null and void;

(ii) Setting aside the impugned Deed of gift dated 9-3-1991 bearing registration No. SD-17/91 dated 22-4-1991 as null and void;

(iii) Declaration of title and ownership that the plaintiffs are the lawful pattadars of Jamebandi bearing Patta No. 157, Dag No. 203, Block No. 6, Mauza No. I of Dimapur town for an area of 0-1-18 Ls and the standing building thereon by restoring the validity and effectiveness of the said Jamebandi;

(iv) Restoration of the peaceful ownership, possession, and enjoyment of the suit properties by issuing permanent injunction against the defendants restraining and prohibiting them from any kind of interference in the peaceful ownership, possession, and enjoyment of the suit properties by the plaintiffs;

(v) Recovery of the entire mesne profits; arising from the suit properties by way of house rent collections and such other enjoyments with effect from month of May, 2006,' till the ownership and enjoyment of the suit properties are restored to the plaintiffs @ Rs. 12,155/- per month, and/or at such future enhanced rates and amounts;

(vi) For such further and other relief including cost of the suit as the Hon'ble Court may deemed fit and proper."

4. It is relevant to state that the plaintiffs of Title Suit No. 1/10 along with others had also filed Title Suit No. 1/08 in the Court of Deputy Commissioner (Judicial) praying for the following reliefs:

"1. That the impugned Deed of the Gift dated 9-3-1991 be set aside as illegal, null and void in the eye of law and the same does not confer any right to any parties/persons;

2. That the entries in respect of Dag N6.203 in patta No. 157 of the impugned Jamebandies in ANNEXURES - "M-1" and "M-2" and the entire impugned Jamebandi in ANNEXURE-"M3" are also illegal, null and void in the eye of law and all these impugned Jamebandies confer no rights whatsoever to the defendants;

3. That the purported Order No. REV-9/91-D/8735, Dt/-17-12-1991 passed by the Additional Deputy Commissioner, Dimapur, is a