CAV ORDER

18 06-02-2026

Heard learned Counsel for the petitioner as well as learned Counsel for the respondent.

2. This Civil Revision application has been filed against the order dated 30.11.2022 passed by the learned Sub- st st Judge 1 -cum-Additional Chief Judicial Magistrate 1 , Patna (hereinafter referred to as ‘Trial Court’) in Eviction Suit No. 98 of 2011 whereby and whereunder the petition filed by the petitioner/defendant under Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’) for dismissal of the suit, as due to subsequent development, the suit became incompetent and not fit to proceed, has been rejected.

3. The fact of the case, in brief, is that plaintiffs (opposite parties) filed the eviction suit asserting that the defendant (petitioner) was inducted as a monthly tenant in nd respect of a shop premises situated on the 2 floor of Khetan Super Market, Patna, at a monthly rent of Rs.11,000/-, under the previous landladies, namely Smt. Savita Agrawal, Smt. Lalita Devi and Smt. Munni Devi, who were the absolute owners in possession of the suit premises. According to the plaint, the defendant regularly paid rent up to January 2010 but thereafter d