RICHHPAL Vs. JISUKHRAM

JUDGEMENT

(1.) BY this revision petition under Section 115 C.P.C., the defendant-petitioner has challenged the order dated 21st July, 2011 passed by Addl. Civil Judge (Sr.Div.) No.1, Behror, District Alwar in civil suit no.141/2004 whereby the application of the petitioner under Order 7 Rule 11 C.P.C. has been rejected.

(2.) THE defendant-petitioner in his application under Order 7 Rule 11 C.P.C. has taken an objection that the civil suit for declaration of the Will as void and for grant of permanent injunction which relates to the agriculture land, therefore, only the revenue court has got jurisdiction and the civil court has got no jurisdiction to hear and decide the case.

(3.) THIS Court while dealing with the similar situation in the matter of Vimal Kumar Jain vs. Mahaveer Pd. Jain {2006 WLC (Raj.) UC 283} wherein the plaintiff primarily has questioned the validity of execution of Wills, in para 17 held that such relief can exclusively be granted by a Civil Court only. Para 17 of the judgment reads thus-