MOHANI DEVI Vs. BENA RAM

JUDGEMENT

(1.) WITH the consent of the parties, the appeal has been finally heard. The appellant is aggrieved against the judgment and decree dated 26.03.2012 passed by the Court of Additional District Judge, Sojat, District Pali, whereby, the appeal preferred by the defendants under Sec. 96 read with Order XLI, Rule 1 and Section 107 CPC against order dated 03.08.2011 passed by the trial Court has been allowed and the plaint has been ordered to be returned under Order VII, Rule 10 CPC for presenting the same before the Court of competent jurisdiction.

(2.) THE facts in brief are that the appellant filed a suit for permanent and mandatory injunction relating to suit land against the respondent -defendants. The defendants besides raising defence on merit, also raised objection about maintainability of the suit before the Civil Court and it was submitted that the nature of land being agriculture, the suit was only maintainable before the Revenue Court.

(3.) SURPRISINGLY , instead of challenging the said order dated 03.08.2011 by way of any other appropriate proceedings, the defendants chose to file first appeal under Sec. 96 read with Order XLI, Rule 1 and Section 107 CPC before the Additional District Judge, Sojat.