CHOUTHA RAM Vs. SHIVNATH RAM & ORS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Constitution of India, the petitioner has prayed for quashing the impugned order dated 11.5.2006 Annexure-3 whereby the application filed by the plaintiff respondent Shivnath was allowed by the trial Court and issue No.12 framed by the trial Court with regard to maintainability of the suit was deleted.

(3.) Learned counsel for the petitioner submits that the said issue was framed for the reason that as per Section 207 of the Rajasthan Tenancy Act, a suit with regard to agricultural land is not maintainable, therefore, the said issue was to be decided after recording evidence but trial Court allowed the application filed by the respondent plaintiff under Order 14 Rule 5 (2) CPC without considering the above aspect of the matter, therefore, the order impugned may be quashed.