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Rajasthan High Court · body

2021 DIGILAW 2372 (RAJ)

Bhawani Shankar v. Kesar Bai

2021-12-17

PRAKASH GUPTA

body2021
ORDER 1. This revision petition has been filed by the petitioners/defendants (for short 'the defendants') against the order dated 10.12.2020 passed by the trial Court, whereby the application filed by the defendants under Section 11 & 151 read with Order 7 Rule 11 CPC has been dismissed. 2. Facts of the case are that the respondents-plaintiffs (for short 'the plaintiffs') filed a suit for declaring the sale deed dated 20.05.1964 null and void and permanent injunction. 3. The defendants filed an application under Section 11 & 151 read with Order 7 Rule 11 CPC. In para 1 and 4 of the application following averments were made: 4. The trial Court vide its order dated 10.12.2020 has dismissed the defendants application under Section 11 & 151 read with Section Order 7 Rule 11 CPC. Hench this revision petition. 5. Learned counsel for the defendants submits that while considering the objections raised by the defendants in their application, the trial Court has wrongly dismissed the application filed under Section 11 & 151 read with Section under Order 7 Rule 11 CPC. Hence, the impugned order is liable to be quashed and set aside. In support of his contentions, he has relied upon an order dated 03.02.2020 passed by this Court in S.B. Civil Revision Petition No.231/2019 titled as Ramlal Yadav and Anr. And Mahesh and Ors. 6. Learned counsel for the plaintiffs supports the impugned order and stated that the same to be just and proper. 7. Heard. Considered. 8. From a perusal of the application filed by the defendants it is clear that specific objections was raised by the defendants in their application for declaring the sale deed null and void and for permanent injunction. Under Section 207 of the Rajasthan Tenancy Act only the Revenue Court had jurisdiction to try the suit but the trial Court did not deal with this aspect of the matter and decide the application with the following observations: 9. Under Section 207 of the Rajasthan Tenancy Act only the Revenue Court had jurisdiction to try the suit but the trial Court did not deal with this aspect of the matter and decide the application with the following observations: 9. For the aforesaid reasons, the revision petition is partly allowed; the order dated 10.12.2020 passed by the trial Court is set aside and the matter is remanded to the trial Court with the direction to decide the application under Section 11 & 151 read with Section Order 7 Rule 11 CPC filed by the defendants afresh after dealing with the objections raised by the defendants in their application, more particularly in para 1 and 4 of the application.