SANTOSH DEVI Vs. GAJENDRA KUMAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. By this misc. appeal, the appellants -plaintiffs have assailed the impugned order dt. 1st September, 2010, passed by the learned District Judge, Dungarpur, whereby the learned Court below has returned the plaint to the appellants -plaintiffs by resorting to Order 7 Rule 10 CPC.

(2.) PRECISELY , in the plaint, the appellants have sought relief of cancellation of gift deed with other ancillary reliefs.

(3.) IN this case, the plaintiffs have joined more than one causes of action in the suit, namely, (1) pertaining to draw 1/6th water from the well and (ii) relating to take water in the existing drain through the land of defendant No. 1 on the basis of right of easement. We have already held that one cause of action is such that it is not triable by a revenue Court. It is, therefore, clear that portion of claim made in the plaint is triable by a civil Court and the other portion is triable by a revenue Court. In these circumstances, we are of the opinion that the suit could rightly be taken cognizance of by a civil Court and what would be necessary is to refer the issue regarding the claim to draw 1/6 water from the well which relates to the tenancy rights, to the revenue Court, if at all it is found necessary to do so."