PRIYA SHARMA Vs. GURMEET SINGH

JUDGEMENT

(1.) This judgment would govern the two Civil Revisions, being Civil Revision No. 83 of 2021, as well as Civil Revision No. 84 of 2021, which are listed today as fresh.

(2.) The prime question, which has been put to challenge by the revisionist, being aggrieved against the impugned order as it has been passed by the Court of Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar; are emanating respectively from the Suit No. 107 of 2020, Gurmeet Singh Vs. Priya Sharma and others, and Suit No. 106 of 2020, Gurvinder Singh Vs. Priya Sharma and others, by virtue of which the application of the revisionist under Order 7 Rule 11 of CPC, to be read with Sec. 41(h) of the Specific Relief Act, has been rejected.

(3.) In fact, the revisionist had principally by filing the respective applications i.e. paper No. 17 (Ka1), in the two suits, referred above, had raised a preliminary ground that the suit, as instituted by the plaintiff/respondent would be barred by the provisions contained under Order 7 Rule 11 of CPC, for the reason being, that the issue about the subject matter of the suit, whether it falls to be within the domain and jurisdiction of the Revenue Courts or the Civil Courts, would depend upon the apportionment of the subject matter i.e. the disputed property, which is under consideration in the two suits in question.