PREMLATA Vs. JAGJEET DAGA

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 22/8/2022 passed by the Additional Civil Judge No.2, Pali in Civil Original Suit No.4/2022 whereby the application under Order VII Rule 11 of the Code of Civil Procedure as preferred by the defendant has been rejected.

(2.) Two grounds had been averred by the defendant in the application, firstly, the land is agricultural in nature and therefore, the suit before the Civil Court would not be maintainable. Secondly, the sale in question is hit by Sec. 42 of the Rajasthan Tenancy Act, 1955 and therefore, the sale being void, the present suit is barred by law.

(3.) Heard learned counsel for the petitioner and perused the impugned order.