LATOOR Vs. MAHAVEER AND ORS

JUDGEMENT

(1.) The appellant-plaintiff, Latoor, is aggrieved by the judgment and decree dated 7.2.2013 passed by the Civil Judge (Jr. Div.) Taleda, Bundi whereby the learned Magistrate has rejected his plaint under Order 7 Rule 11 CPC. He is further aggrieved by the judgment and decree dated 18.1.2014 passed by the District Judge, Bundi whereby the learned Judge has upheld the judgment and decree dated 7.2.2013, and dismissed the appeal filed by him.

(2.) The brief facts of the case are that the land falling within Khasra No.220, Rakba 09 Biswa, and Khasra No.221, Rakba 07 Biswa located in Village Chandanheli, District Bundi initially belonged to the appellant's father, Gopalji. Subsequently, the government acquired the said land under the Ceiling laws. Part of this land was supposedly transferred to Bhanwarlal. Bhanwarlal had filed a civil suit against the appellant's brother, Radheyshyam, before the Civil Judge (Jr. Div.), Taleda for permanent injunction. In the said suit, Bhanwarlal neither impleaded the present appellant, nor his other three brothers, Mahaveer, Jagdish and Kanhaiyalal, as a party defendants. The said suit was decreed in favour of Bhanwarlal. Subsequently, the appellant had filed an application under Order 21 Rule 97 CPC raising his objection against implementation of the decree passed in favour of Bhanwarlal. However, the said application was rejected by the learned Magistrate. Therefore, the appellant filed a civil suit against Bhanwarlal for declaration and permanent injunction. However, by judgment and decree dated 7.2.2013, the learned Magistrate has dismissed the suit. Since the appellant was aggrieved by the said judgment and decree, he filed an appeal before the learned Judge. However, by judgment and decree dated 18.1.2014, the learned Judge has dismissed the appeal and confirmed the judgment and decree dated 7.2.2013. Hence, this appeal before this court.

(3.) The learned counsel for the appellant has raised the following contentions before this court: firstly, the learned Magistrate has rejected the plaint without issuing any notice to the defendant-respondent.