against filing of the suit. It may be a different thing that ultimately the appellant-plaintiff may not succeed in the suit on merits, in view of the said bar contained in Section 42, nonetheless in absence of any specific provision contained in the Tenancy Act barring the filing of the suit, the plaint of the appellant-plaintiff cannot be rejected under Order VII Rule 11 (d) of CPC. As rightly submitted by the learned counsel for the appellant, whether the land in question is an agricultural land or not and whether the respondents are khatedari tenants or not, and whether the suit is barred by limitation or not, would be the questions which could be decided considering the evidence in the suit only. The learned counsel for the respondents has failed to point out as to how the suit filed by the plaintiff could be termed as misuse of process of law or vexatious. In that view of the matter, the impugned order passed by the trial court deserves to be set-aside and the trial court is required to be directed to decide the suit in accordance with law and expeditiously.
