IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1476 of 2006 NAVIN SINGH @ NAVIN KUMAR SINGH Versus MOHAMMAD ISHEQUE & ORS ----------- 3 27.11.2008 Heard counsel for the petitioner. While it is true that the gross delay on the part of the defendant-petitioner in raising the question of rejection of plaint under Order VII Rule 11 after 23 years of filing of the suit was itself sufficient to reject such prayer but then it is equally true that the Court also without noticing the purpose of this application has decided the issue in a most mechanical manner. The suit in hand, Title Suit No. 94 of 1983 in effect seeks to validate the same sale which was proposed and conducted through the Court. The plaintiff-opposite parties claims his right on the basis of such sale and in fact the main relief in the suit is for a declaration that he is the purchaser of the suit land in a sale effected through Court and is entitled to be put in possession over the suit land. Counsel for the petitioner would submit that such relief in view of the pleadings in the plaint would make it absolutely not maintainable in view of the bar under Section 47 of the Code of Civil Procedure and therefore, if the petitioner had filed an application seeking rejection 2 of plaint under Order VII Rule 11(d) of the Code of Civil Procedure, the Court below ought to have examined the same and decided strictly in accordance with law. This Court on perusal of the plaint would find that certain statements if unrebutted may not invite the rigors as required under the limited scope of Order VII Rule 11(d) of the Code of Civil Procedure. One thing however, is clear that the petitioners have raised the question of maintainability of the suit on a pure question of law. Such question in fact, can be and has to be gone into in terms of Order XIV Rule 2 of the Code of Civil Procedure. Therefore, if the petitioner would file a fresh application raising a question of maintainability of the suit, the Court below without being prejudiced by the impugned order, will decide the issue of maintainability of the suit as a preliminary issue and pass an appropriate order in accordance with law. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)