RAHAS BAI AND ORS. Vs. PUNABAI AND ORS.

JUDGEMENT

(1.) Challenge in this petition is to the order dated 23.07.2014, passed by the Civil Judge Class-I, Raigarh, District Raigarh, passed in Civil Suit No. 36-A/2011, whereby the application filed by under Order 7 Rule 11 of the Code of Civil Procedure was rejected. This petition is filed by the defendants. Briefly stated facts of the case is that a civil suit was filed for declaration and permanent injunction in respect of the suit land bearing Kh. No. 129/1, area 0.142 hectare (at present Kh. No. 129/1Gha and 120/16), situated at village- Baikunthpur, P.C. No. 13. In the suit a prayer was also made to declare the order passed by the Additional Collector in appeal is not binding on the plaintiffs.

(2.) After notice of the suit, an application under Order 7 Rule 11 of C.P.C. was filed by the defendants/appellants inter-alia claiming that the suit is barred U/s. 257 of the Land Revenue Code.

(3.) Learned counsel for the applicant would submit that the suit is not tenable as declaration was sought that the order of the Additional Collector was U/s. 170B of Land Revenue Code is not binding. It is submitted, such challenge is barred U/s 257 of the Land Revenue Code before any Civil Court and as such the suit itself is being not tenable be dismissed summarily.