VIDHYA DEVI Vs. RAJESHWARI AND ORS.

JUDGEMENT

(1.) The instant writ petition is directed against the order dated 7.2.2013 passed by the learned Addl. District Judge No. 1, Sri Ganganagar in Civil Original Case No. 25/2013 whereby the application filed by the petitioner under Order 7, Rule 11 and Section 10 read with Section 151 C.P.C. was rejected.

(2.) Learned Counsel for the petitioner submits that the Suit No. 25/2013 which was instituted by the respondents cannot be continued as the same is barred by res judicata and also as a suit pertaining to permanent injunction in relation to agricultural land cannot be entertained by the Civil Court. It is contended by the learned Counsel for the petitioner the suit was not maintainable as per Section 207 of the Rajasthan Tenancy Act which postulates that such a suit can only be brought before the Revenue Court. He thus urged that the impugned order being grossly perverse deserves to be quashed.

(3.) Per contra, the learned Counsel for the respondents submits that a dispute of partition based on an adoption deed can only be adjudicated by a Civil Court. It is further submitted that apart from agricultural land, the property in Chak-9HH is urban land and some fire arms are also subject of the lis before the Civil Court. Thus, as per Section 9 of the C.P.C. Revenue Court has no jurisdiction to try the suit. It is also submitted that permanent injunction in relation to the suit property can only be issued by the Civil Court. Thus, he submits that the Trial Court was justified in rejecting the application filed by the petitioners for rejection of the plaint.