IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1703 of 2006 AWADHESH CHOUBEY Versus HARI SHANKAR TIWARY & ORS ----------- 2. 3.9.2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order refusing the prayer of the petitioner to reject the plaint under Order 7 Rule 11 C.P.C. cannot be said to be either based on any material irregularity or any jurisdictional error. As a matter of fact from the reading of the plaint at least it cannot be said that the suit being not maintainable its plaint was fit to be rejected. Mr. Bashishtha Narain Mishra, learned counsel appearing on behalf of the petitioner, would however still contend that the question of maintainability of suit going to the root of matter needs to be decided as the earliest in as much as the sons and daughters of the pre-deceased daughter have no standing and/or locus to file such suit. This Court would not make any observation on such prayer of the petitioner but then it will always be open for the 2 petitioner to file an application for framing the issue of maintainability of the suit as one of the issue and make a prayer in terms of Order-XII Rule-2 C.P.C. for its disposal by way of preliminary issue. That being so, this application is without any merit and is dismissed with the aforementioned observations. ( Mihir Kumar Jha,J.) Surendra/