IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1634 of 2006 1. Dr.Sitaram Singh, son of Late Sankatha Singh, resident of Mohalla – East Ganga Sagar, Post Office – D.M.C. Campus, P.S. – Laheria Sarai, District – Darbhanga. 2. Geeta Verma, wife of Nitya Nand Verma, resident of Mohalla – Hospital Road, Benta, P. O. - D. M.C. Campus, P.S. Laheria Sarai, District – Darbhanga . ……… Plaintiffs….. Petitioners Versus 1. Darbhanga Municipal Corporation, Darbhanga, through the Chief Executive Officer, Darbhanga Municipal Corporation, Darbhanga. 2. The Administrator, Darbhanga Municipal Corporation, Darbhanga. 3. The Councillor, Ward No. 30, Darbhanga Municipal Corporation, Darbhanga. …………… Defendatns ….. Opposite Parties. ----------- Advocate for Petitioner – Alok Kumar Sinha 2 12.02.2009 Heard learned counsel for the petitioners. The plaintiffs-petitioners are aggrieved by the order dated 11.08.2006 passed by the Munsif, Ist Darbhanga in Title Suit No. 50 of 2003 whereby the court below has decided to consider the issue of maintainability of the suit and has fixed date for framing such preliminary issue. Defendants have raised a point that the suit is barred by provisions under Section 508 of the P.M.C. Act and as such the same is not maintainable. Learned counsel for the petitioners submits that the Court cannot decide this matter as a preliminary issue rather it should have framed other issues and decided it along with those during the course of trial. Court below has decided to take up the matter of maintainability of the suit as preliminary issue in the interest of - 2 - justice. I do not find any jurisdictional error in the impugned order warranting interference by this Court in its discretionary Civil Revisional Jurisdiction and as such the Civil Revision is dismissed. Kundan (Dr. Ravi Ranjan, J.)