IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20501 of 2011 Sunaina Devi Versus Ghura Dusadh & Ors ----------- 2. 24.11.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed challenging the order dated 23.9.2011 passed by Subordinate Judge-7th Ara in Title Suit No. 406 of 2007 whereby the learned court below rejected the petition filed by the defendant No.7 petitioner dated 24.5.2011 praying for deciding the issue regarding maintainability of suit as preliminary issue. The learned counsel for the petitioner submitted that the plaintiff respondent contested the mutation proceeding and lost the same. The property has been mutated in the name of the petitioner and the petitioner is also in possession of the property after constructing the house thereon, therefore, the suit filed by the plaintiff respondent is not maintainable. According to Order 14 Rule 2 sub Rule 2 the Court may try an issue of law only as preliminary issue if it relates to the jurisdiction of the Court or a bar to the suit created by any law for time being in force. So far the issue raised by the petitioner in the application before the court below neither relates to the jurisdiction of the court nor a bar is created for trial of the suit. So far the submission of the learned counsel that the plaintiff lost the mutation proceeding is concerned it is well settled 2 principles of law that the revenue records neither create title nor extinguish title in favour of any person. In such view of the matter, in my opinion, the learned court below has rightly rejected the application filed by the petitioner. Therefore, under supervisory jurisdiction no interference can be made. Accordingly, this application is dismissed. S.S. (Mungeshwar Sahoo, J.)