JUDGMENT :

The case is listed under the heading “For Fresh Filing”.

2. Heard, learned counsel for the plaintiffs/petitioners.

3. Instant petition under Article 227 of Constitution of India is directed against the order dated 28.02.2023 passed by Sri Satish Kumar Munda, Civil Judge(Jr. Div.) I, Palamau at Daltonganj passed in Original Suit No.40 of 2023 (Annexure-3) whereby and whereunder, learned Civil Judge (Jr. Div.) has rejected the plaint of the petitioner under order 7, Rule 11(d) of CPC.

4. The case of plaintiff/petitioner is that Suit Plot No.585 of Khat No.40 total area 1.04 acre of village Sudana, P.S. Daltonganj, District Palamau was recorded in last cadastral survey and settlement operaton in the name of three brothers namely Hira Ojha, Sheodhyan Ojha and Jagdish Ojah along with others land. It is alleged that through amicable partition amongst them said land allotted exclusively in the share of Jadish Ojha. It is alleged that Jagdish Ojah died in the year 1947 living behind two widows namely Suchit Kuer and Rukmini Kuer although Suchit Kuer died issueless whereas Rukmini Kuer died in 1961 leaving behind a daughter Jasmati Kuer who succeeded in the interest of her mohtere an