CHOTURAM@CHOTELAL Vs. PARVATI DEVI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner-defendant No. 2 (for short, the defendant No. 2) against the order dt.1/11/2022 passed by the trial court in case No. 212/2022 whereby the application filed by the defendant No. 2 under Order 7, Rule 11 CPC has been dismissed.

(2.) Facts of the case are that respondents-plaintiffs (for short, the plaintiffs) filed a suit for declaring sale deed dt.1/10/1980 as null and void, ineffective and permanent injunction. During the pendency of the suit, defendant No. 2 filed an application under Order 7, Rule 11 CPC. Learned trial court vide its judgment dt.1/11/2022 has dismissed the defendant No. 2's application under Order 7, Rule 11 CPC. Hence, this revision petition has been filed.

(3.) Learned counsel for the defendant No. 2 submits that a revenue suit has already been filed by the plaintiffs before the revenue court for declaring their khatedari right and unless and until the khatedari rights of the plaintiffs are declared by the revenue court, civil court had no jurisdiction to try the suit.