ASHISH HORA Vs. CHIRAG HORA

JUDGEMENT

(1.) The petitioners are impugning the dismissal of their application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short, 'the Code') by the Court below vide order dtd. 19/2/2020 (Annexure P-1).

(2.) Learned counsel for the petitioners inter alia contends that the impugned order is patently illegal and contrary to the settled principles of law pertaining to the rejection of a plaint. He submits that the Trial Court failed to appreciate that the plaintiffs had challenged mutations bearing No. 10868 and 10869 in the suit in question, even though the jurisdiction of Civil Court to set aside the entries of mutation sanctioned by the revenue authorities is barred under Sec. 158 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as 'the Act'). Learned counsel submits that the only remedy as prescribed under the Act was to challenge mutations by way of preferring an appeal before the Divisional Commissioner. He further submits that the suit had been filed much beyond the period of limitation and the plaint was liable to be rejected on this ground as well.

(3.) I have heard learned counsel and perused the relevant material on record.