NAWALJI Vs. JAGJI

JUDGEMENT

(1.) THIS is a reference by the Munsif of Dungarpur under sec. 40 (2) of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 (Act No. I of 1951); and has arisen in the following circumstances :

(2.) A suit was pending in the Court of Sub-Divisional Officer, Dungarpur. That officer passed an order that the plaint should have been filed in the civil court. He, therefore, ordered that the plaint be returned for presentation to the proper civil court. When the case came 10 the court of Munsif, he was of the opinion that the revenue court was the proper court where the suit should have been tried and he has, therefore, made this reference.