KANHAIYA LAL SHARMA Vs. CHHATRADHAR SHARMA

JUDGEMENT

(1.) THE revision petition has been filed by the petitioner -defendant under Sec. 115 of the Code of Civil Procedure, 1908, challenging the order dt. 05.02.2011 passed by the Civil Judge (Junior Division), Jaipur District Jaipur (hereinafter referred to as 'the trial Court') in Civil Suit No. 263 of 2010, whereby the trial Court has dismissed the application of the petitioner under Order 7 Rule 11 of CPC. In the instant case, it appears that the respondent No. 1 -plaintiff has filed the suit in respect of the agriculture lands seeking injunction and other prayers against the petitioner -defendant. In the said suit, the petitioner had filed an application under Order 7 Rule 11 CPC alleging inter -alia that the respondent -plaintiff had not paid the requisite Court fees, and that the Civil Court did not have the jurisdiction to entertain the suit. The said application has been dismissed by the trial Court vide the impugned order, against which the present revision petition has been filed.

(2.) IT has been sought to be submitted by the learned counsel Mr. M.C. Jain for the petitioner that the trial Court has committed an error in not rejecting the plaint of the respondent -plaintiff on the ground of non -payment of requisite Court fees, and also on the ground of lack of jurisdiction. According to him, the lands in question being agriculture lands, the prayer sought in the suit could not be granted by the Civil Court and it is only the Revenue Court, which would have the jurisdiction to entertain the suit. Mr. Jain has relied upon the decision of this Court in case of Jaswant Singh etc. v. Board of Rev. & Ors.,, 1984 RLR 791 in support of his submissions.