JUDGMENT 1. - This Civil First Appeal has been filed on behalf of the plaintiff-appellant under Section 96 of the Code of Civil Procedure, 1908 against the judgment & decree dated 09/01/2014 passed by the Court of learned District Judge, Jhunjhunu by which, the suit filed by the plaintiff-appellant for damagers has been dismissed under Order 7 Rule 11 CPC. 2. The contention of the learned counsel for the plaintiff-appellant is that he filed a suit for damages for Rs. 1,00,000/- against the defendant-respondents but the court below has rejected the plaint on the ground that suit is not maintainable in view of the bar provided under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 (shall hereinafter be referred as the "Act of 1976"). The contention of the counsel for the appellant is that suit can be rejected under Order 7 Rule 11 CPC when the suit appears from the statement in the plaint to be bared by any law but as per Section 2(f) of the Act of 1976, only the service matters are to be entertained in Service Matters Appellate Tribunal and for damages, only the civil court is competent to hear and try the suit and only the civil court has jurisdiction for the same hence, order be set-aside and the court below be directed to hear the suit in accordance with the law. 3. Heard learned counsel for the plaintiff-appellant and perused the impugned judgment & decree as well as original record of the case. 4. The suit, which has been filed by the appellant is a simplicitor suit for damages based on allegations of ill-actions and malafides on the part of the respondents but the suit has been dismissed on the ground that it is barred under Section 2(f) of the Act of 1976. 5. For ready reference, Section 2(f) of the Act of 1976, where the 'service matter' is defined, is being reproduced, as under:- "2(f). 5. For ready reference, Section 2(f) of the Act of 1976, where the 'service matter' is defined, is being reproduced, as under:- "2(f). 'Service matter' means any one or more than one of the following matters relating to a Government servant: (i) Seniority; (ii) Promotion; (iii) Confirmation; (iv) Fixation of pay; (v) Any order denying or varying pay, allowances, pension and other service conditions to the disadvantage of a Government Servant, otherwise than as a penalty; (vi) Cases of reversion while officiating in a higher service, grade or post to lower service, grade or post otherwise than as a penalty; (vii) Withholding the pension or denying the maximum pension otherwise than as the penalty; (viii) Any other matter notified by the Government." Section 10 of the Act of 1976 provides that no suit or other proceeding shall lie or to be instituted in any civil suit with respect to any matter arising or provided by this Act. 6. The bare perusal of the above provisions go to show that the Tribunal is constituted only to hear the matters relating to any service matter but the suit of the plaintiff is simplicitor suit for damages and as per Section 9 of the Code of Civil Procedure 1908, only the civil court has jurisdiction to hear and decide the suit for damages. While considering the matter at the stage of Order 7 Rule 11 CPC, only the statement in the suit is to be seen and here in the present case, the statements and contentions raised in the suit are that the suit is simplicitor for damages. The court below has wrongly held that in the garb of suit for compensation, plaintiff-appellant want to nullify the disciplinary proceedings. Be that as it may be the case, but when the suit is for damages, it is not barred by any law to be entertained by the civil courts and hence, the impugned judgment & decree dated 09/01/2014 deserves to be set-aside. 7. Resultantly, while setting aside the impugned judgment & decree dated 09/01/2014, the matter is remanded back to the Court of learned District Judge, Jhunjhunu with the direction to hear and decide the suit afresh in accordance with law. The parties are directed to appear before the court below on 30/01/2015.With the said directions, this civil first appeal is disposed of. Appeal Disposed of. *******