ASHOK & OTHERS Vs. NARAYAN SINGH & ANOTHER

JUDGEMENT

(1.) This Misc.Appeal has been filed on 11.10.2018 against the order dated 8.8.2018 passed by First Additional District Judge, Rehli, District Sagar in Civil Appeal No.9/2017 by which the First Appellate Court allowed the appeal filed by the respondents/plaintiffs against the order dated 24.11.2017 passed by Civil Judge, Class-I Rehli in Civil Suit No.62-A/2016.

(2.) Appellants were defendants before the trial court and the respondents were plaintiffs before the trial court. The plaintiffs filed a Civil Suit No.62-A/2016 on 13.11.2017. The defendants moved an application under Order 7 Rule 11 of CPC upon the ground that the suit is not maintainable under section 250 of M.P. Land Revenue Code. The defendants filed the reply on 14.11.2017. After hearing both parties, the trial court/Civil Judge Class-I, Rehli allowed the application and dismissed the suit filed by the plaintiffs in the light of section 257 of M.P. Land Revenue Code. The First Appellate Court allowed Appeal No.9/2017 on 8.8.2018 and remanded the case to the trial court with the direction to the trial court to frame the issues, provide the opportunity to both parties and thereafter decide the suit on merits.

(3.) It is submitted by the counsel for appellants that the order passed by First Appellate Court is erroneous in law, arbitrary illegal and not sustainable under the law. The First Appellate Court over-looked the provisions of section 257 of M.P. Land Revenue Code. Section 257(G) provides that if any question regarding the demarcation or fixing of boundaries marks under Chapter-X is involved, then the civil suit is barred and civil court has no any jurisdiction to decide the suit. Section 257(X) of M.P. Land Revenue Code states that the decision regarding reinstatement of Bhumiswami, is improperly dispossessed, under section 250 of M.P. Land Revenue Code, has to be taken by the revenue authority, then civil court has no jurisdiction to decide the issue and the civil suit is not maintainable. The trial court rightly dismissed the suit by allowing the application filed under Order 7 Rule 11 of CPC. Therefore, it is prayed to set aside the judgment dated 8.8.2018 passed by First Additional District Judge, Rehli, District Sagar and restored the judgment passed by Civil Judge Class-I, Rehli by dismissing the suit filed by the plaintiffs.