IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.762 of 2008 RAM CHANDRA SAH Versus DEO NARAYAN MAHTO & ORS ----------- 5 23/7/2008 The view taken by the court below that the suit filed by the plaintiff-opposite party was maintainable and the same could not have been dismissed under purported exercise of power under order VII Rule 11 of the Code of Civil Procedure is neither illegal nor perverse especially when the defendant-petitioner has not even put his finger as to why and which provisions of Patna Municipal Corporation Act would bar the filing of a suit as with regard to some entry made in the mutation in records of the Corporation. As a matter of fact the objection raised by the petitioner in the court below was itself frivolous which was also sought to be insisted by the petitioner by filing this wholly misconceived civil revision application. Accordingly, this application is dismissed with a cost of Rs. 2,500/- to be realized by the court below for its being paid to plaintiff- opposite party before enabling the defendant- petitioner to contest the suit. ( Mihir Kumar Jha, J. ) Abhay Kumar