BHAIRU Vs. BOARD OF REVENUE FOR RAJASTHAN, AJMER

JUDGEMENT

(1.) THIS petition has been filed with the following prayer:

(2.) ORDER 7 Rule 11 CPC reads as under :

(3.) MR . K.K. Mehrishi appearing for the respondents would submit that the Courts below including the Board of Revenue have rightly dismissed the suit of the petitioners -plaintiffs with reference to Order 7 Rule 11 CPC more particularly clause (d) thereof which provides that the plaint shall be rejected inter alia where the suit appears from the statement in the plaint to be void in law. His submission is that the land in issue had been purchased in 1960 from a scheduled tribe person in contravention of Section 42(b) of the Rajasthan Tenancy Act as existing at the relevant time and even though the transaction so made merely voidable, yet it being in the nature of prohibited transaction was also in the face of Section 23 of the Contract Act and no frivolous suit as the one laid by the petitioners -plaintiffs could be allowed to crowd the dockets of the Courts and the petitioners' suit was rightly dismissed. His submission is that there is no error in the orders of the Courts below which have concurrently found that the suit in issue was hit by Order 7 Rule 11 CPC.