IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.507 of 2009 GUDDU SINGH @ RAJENDRA PRASAD SINGH & ORS Versus RAMJEE SINGH & ORS ----------- 2. 30/03/2009 Heard learned counsel for the petitioners. This revision application has been filed by the defendants against order dated 13.2.2009 passed by learned Sub-Judge-II, Bhabua in Title Suit No.288 of 2005 by which learned court below has rejected the application filed by the defendant on 7.4.2006 under Order 47 Rule 1 and section 151 of the Code of Civil Procedure for review of the order dated 22.3.2006 passed in the suit rejecting the petition of the defendants under Order 7 Rule 11 of the Code of Civil Procedure. Learned counsel for the petitioners submits that the said order dated 22.3.2006 was passed by the trial court rejecting the petition of the defendant under Order 7 Rule 11 C.P.C. on the basis of a decision of this Court which stood overruled by judgment of the Hon’ble Apex Court, and therefore, the order was required to be reviewed. Petition under Order 7 Rule 11 C.P.C. - 2 - was filed by the defendants for rejecting the plaint of the suit on the ground of its non- maintainability in view of ongoing consolidation proceeding. Issue of maintainability of the suit can be considered by the trial court at the time of final hearing of the suit also and therefore, the defendants will be at liberty to take their stand against maintainability of the suit at that stage also. In the circumstances, I do not find that any irreparable injury has been caused to the defendant petitioners and therefore, I do not find any merit in this revision application. This revision application is accordingly dismissed. Pradeep/ (J. N. Singh,J.)