RAJENDRA KUMAR VIJAYVERGIYA Vs. MRATUNJAYA SANADYYA

JUDGEMENT

(1.) THE present revision petition has been filed by the petitioner -defendant No. 1 under Sec. 115 of CPC challenging the order dt. 24.09.2013 passed by the Chief Judicial Magistrate and Civil Judge (Senior Division), Bundi (hereinafter referred to as 'the trial Court') in Civil Suit No. 10 of 2013, whereby the trial Court has dismissed the application of the petitioner filed under Order 7 Rule 11 CPC seeking rejection of the plaint. It has been submitted by the learned counsel Mr. Vijay Choudhary for the petitioner that the respondent No. 1 -plaintiff in the suit, has challenged the order passed by the respondents No. 2 and 3, against which an alternative forum is available to him under the Minor Mineral Concession Rules, and therefore filing of the suit on the subject matter is impliedly barred under the said Rules.

(2.) THE Court does not find any substance in the submissions made by the learned counsel for the petitioner. Admittedly, there is no specific bar either under the Mines Act or in the Rules framed thereunder, barring the filing of the suit in the Civil Court with regard to the matters pertaining to the said Act or Rules. It is needless to say that the plaint could be rejected under Order 7 Rule 11(d) of CPC, when from the statements made in the plaint, the suit appears to be barred under any law. The learned counsel for the petitioner having failed to point out any such bar under any law, the Court is of the opinion that the trial Court has rightly dismissed the application of the petitioner. There being no illegality or infirmity in the impugned order passed by the trial Court, the present revision petition deserves to be dismissed, and is accordingly dismissed in limine.