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2018 DIGILAW 1441 (RAJ)

Santosh Chamar v. Satyanarayan Sharma

2018-07-07

BANWARI LAL SHARMA

body2018
JUDGMENT : BANWARI LAL SHARMA, J. 1. Petitioners preferred this revision petition against the impugned order dated 05.01.2017 passed by learned Additional District Judge, Bansoor, District Alwar in Civil Suit No. 12/2014 (Mamraj v. Santosh.) whereby learned Court below dismissed the application submitted by petitioners-defendants under Order 10 and Order 7 Rule 11 read with Section 151 CPC. 2. The brief facts of the case are that respondents-plaintiffs filed a civil suit before learned Additional District Judge, Bansoor, District Alwar against the petitioners-defendants for cancellation of sale deed No. 1190 dated 09.05.2013 and sale deed No. 1537 dated 29.05.2013 registered at Sub Registrar office Bansoor, District Alwar. Summons of the suit were issued for service of petitioners-defendants. After service of summons, petitioners-defendants put their appearance before the Court below and filed an application under order 7 Rule 11 and order 10 read with section 151 of C.P.C. stating therein that the suit has not been filed on proper court fees because the valuation of the property is Rs. 50 lacs. No notice under Section 80 of CPC has been given to Sub Registrar, Bansoor, which is mandatory. Registered sale deed was executed in favour of the plaintiff-respondent on 06.01.1961 which is ipso-facto void due to the restriction under Section 42-B (3 of 4) [CR-51/2017] of Rajasthan Tenancy Act, 1955 because the land in dispute belongs to the scheduled caste persons, which cannot be purchased by the person belonging to general caste. Another suit is also pending before the S.D.O., Bansoor on the same cause of action. Accordingly, the present suit is not maintainable. 3. After hearing on the application, learned Court below dismissed the application, against which this revision petition is filed. 4. Mr. Gajendra Singh Rathore learned counsel appearing on behalf of Mr. Lokendra Singh Shekhawat learned counsel for the petitioners submits that the suit was filed without issuing notice under Section 80 CPC to Sub Registrar, Bansoor and the Court fees is not properly paid by the respondent-plaintiff. 5. 4. Mr. Gajendra Singh Rathore learned counsel appearing on behalf of Mr. Lokendra Singh Shekhawat learned counsel for the petitioners submits that the suit was filed without issuing notice under Section 80 CPC to Sub Registrar, Bansoor and the Court fees is not properly paid by the respondent-plaintiff. 5. He further submits that the disputed land belongs to scheduled caste persons which cannot be transferred in favour of the respondent-plaintiff who belongs to general caste and on similar facts another suit is pending before S.D.O., Bansoor, therefore the plaint should have been rejected but learned Court below wrongly dismissed the application, therefore this revision petition may be allowed and the application submitted by petitioners under Order 10 and Order 7 Rule 11 read with Section 151 CPC may be allowed and the plaint may be rejected, in alternate it may be stayed. 6. I have considered the submissions made by learned counsel for the petitioners and perused the impugned order and available record. 7. So far as, provision under Order 7 Rule 11 CPC is concerned, at the stage of deciding application under Order 7 Rule 11 CPC, Court has to look into only plaint. 8. From the perusal of application submitted by petitioners, it reveals that the grounds which are mentioned in the application and argued before the Court below and before this Court are not there in the plaint but it is defence of petitioners-defendants, which cannot be considered at the stage of deciding application under Order 7 Rule 11 CPC. 9. So far as, prayer regarding Order 10 CPC is concerned, it is not applicable in the given circumstances, learned Court below also observed in the impugned order that the objections taken in the application are mixed question of facts and law, which cannot be decided without framing of issues and after considering all theses facts, learned Court below rightly dismissed the application, which doesn't require any interference by this Court and this revision petition devoids merit which is hereby dismissed. Stay application also stands dismissed.