RANGLAL Vs. GHASI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner-defendant challenging the order dtd. 27/8/2021 whereby the application filed on behalf of the petitioner-defendant under Order 7 Rule 11 read with sec. 151 CPC as well as the order dtd. 27/9/2022 passed by the Board of Revenue, whereby the revision petition filed by the petitioner-defendant against the order dtd. 27/8/2021 was dismissed.

(2.) Brief facts of the case are that the respondent-plaintiff filed a suit for correction in the revenue entries before the trial Court under Sec. 88, 89, 90, 91 & 92 and Sec. 188 of the Rajasthan Tenancy Act, 1955. During pendency of the said suit, the petitioner-defendant filed an application under Order 7 Rule 11 read with sec. 151 CPC which was dismissed by the trial Court vide order dtd. 27/8/2021, against which the petitioner-defendant filed a revision petition before the Board of Revenue, which was also dismissed by the Board of Revenue vide order dtd. 27/9/2022. Hence, this writ petition has been filed by the petitioner-defendant challenging the order dtd. 27/8/2021 as well as the order dtd. 27/9/2022.

(3.) Counsel for the petitioner-defendant submits that both the courts below have committed serious illegality in dismissing the application filed on behalf of the petitioner-defendant under Order 7 Rule 11 read with sec. 151 CPC. Counsel further submits that no cause of action has arisen to the respondent-plaintiff to file the suit before the trial Court and prayed for allowing the writ petition.