LAWS(RAJ)-2014-7-77

GEND KANWAR Vs. RAM KANWAR

Decided On July 04, 2014
Gend Kanwar Appellant
V/S
RAM KANWAR Respondents

JUDGEMENT

(1.) THE present revision petition has been filed by the petitioner -defendant under Section 115 of CPC challenging the order dated 26.11.13 passed by the Addl. District & Sessions Judge No. 20, Chomu, District Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 12/13, whereby the trial court has dismissed the application filed by the petitioner seeking rejection of the plaint of the respondent No. 1 -plaintiff under Order VII Rule 11 of CPC.

(2.) IT is submitted by the learned counsel Mr. R.K. Daga for the petitioner that the petitioner was not given the sufficient opportunity of hearing by the trial court while deciding the application under Order VII Rule 11 of CPC. According to him the petitioner could not engage the advocate as the case was transferred from Jaipur to Chomu. He further submitted that the suit of the respondent No. 1 -plaintiff was barred by law of limitation as well as was barred under the provisions contained in Section 207 of the Tenancy Act. He further submitted that the civil court did not have the jurisdiction as the reliefs claimed in the suit could be granted by the revenue court only and not by the civil court.

(3.) IN that view of the matter, the petition being devoid of merits is dismissed.