DEVESHWARI KUMARI Vs. SHYAMA KANWAR

JUDGEMENT

(1.) THE present revision petition filed under Sec. 115 of CPC is directed against the order dt 16.07.2013 passed by the Additional District & Sessions Judge No. 5, Kota (hereinafter referred to as "the trial Court") in Civil Suit No. 16/2011, whereby the trial Court has rejected the application of the petitioners -defendants Nos. 2 to 4, filed under Order VII Rule 11 seeking rejection of the plaint. It has been sought to be submitted by the learned counsel Mr. Alok Chaturvedi, for the petitioners that the respondent Nos. 1 & 2 -plaintiffs have filed the suit seeking partition and permanent injunction in respect of the suit property. According to him, the said property was the personal property of late Shri Raghurajsingh Ji as per the order passed by the Jagir Commissioner, and therefore, the said property could not be subjected to any civil proceedings, as per bar contained in Section 46 of the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (hereinafter referred to as "the said Act"). He further submitted that the plaint of the respondents -plaintiffs was liable to be rejected as in the plaint itself the plaintiffs had made the averments with regard to the order passed by the Jagir Commissioner.

(2.) THE Court does not find substance in any of the submissions made by the learned counsel for the petitioners. It is needless to say that the plaint could be rejected under Order VII Rule 11(d) of CPC, if the suit appears from the statement in the plaint to be barred by any law. So far as Section 46 of the said Act is concerned, it reads as under: - -