A. P. Sen, J.

1. This revision under section 115 of the Civil Procedure Code, by the defendants, is directed against an interlocutory order dated 6th October 1960, passed by the 3rd Civil Judge, Class II, Khurai, upholding the jurisdiction of the Court to try the suit.

2. The facts giving rise to this revision may be shortly stated. The plaintiffs have brought a suit for declaration that the defendants have no right of way, through their Bhumiswami land bearing Kh. No. 41, and for consequential injunction to restrain them from exercising any such right by virtue of the order passed by the revenue Courts under section 131 (1) of the Madhya Pradesh Land Revenue Code, 1959 (XX of 1959), in their favour. The defendants pleaded amongst other grounds, that the civil Court had no jurisdiction to try the suit.

3. The short question for consideration is, whether by deciding the preliminary issues in that manner, the learned Judge is trying to usurp a jurisdiction which is not vested in him by law. The matter turns on a construction of sections 131, 242 and 257 of the Madhya Pradesh Land Revenue Code, 1959 (XX of 1959).

4. The contentions urged by the defendants in the Courts below and befo