SUWALAL Vs. ANCHI DEVI

JUDGEMENT

(1.) The present revision petition has been filed by the petitionerdefendant No.2 (for short the defendant No.2) under Sec. 115 CPC against the order dtd. 31/1/2025 passed by the Additional District & Sessions Judge, Srimadhopur, District Sikar (for short 'the trial court') in civil suit No.36/2024, whereby the trial court dismissed the application filed by the defendant under Order 7 Rule 11 CPC.

(2.) Learned counsel for the defendant submits that the respondent-plaintiff Nos.1 to 13 (for short 'the plaintiffs') filed a suit for cancellation of the preliminary decree dtd. 15/6/2023, final decree dtd. 4/9/2023 passed by the Assistant Collector Fast Track, Srimadhopur, District Neemkathana in case No. 72/2023 titled as "Ramgopal and Ors. Vs. Dinesh Kumar and Ors.", cancellation of mutation No.293 dtd. 17/10/2023 and permanent injunction in which the defendant filed an application under Order 7 Rule 11 CPC but the trial court vide order dtd. 31/1/2025 wrongly dismissed the application filed by the defendant. Learned counsel for the defendant further submits that as per the averment made in the plaint, the defendant Nos.1 to 6 had filed a suit before the Assistant Collector Fast Track, Srimadhopur against the defendant Nos.7 to 31 regarding partition and permanent injunction of land bearing Khasra No.2266, 2273 to 2277, 2311 to 2316 total 12 Rakba, 2.52 Hectare in which the defendant Nos.7 to 9, 13, 15 and 27 filed a written statement with counter claim in which the plaintiffs were not a party.

(3.) Learned counsel for the defendant also submits that the judgment and decrees passed by the Assistant Collector are with regard to the revenue land, therefore the civil court has no jurisdiction to try the matter. The plaintiffs should have filed an appeal before the Revenue Appellate Authority against the said judgment but Instead of filing an appeal, the plaintiffs filed a civil suit for declaration of the judgment and decrees passed by the Assistant Collector, Fast Track Srimadhopur as null and void, which is not maintainable. So, the petition filed by the defendant be allowed, the order dtd. 31/1/2025 passed by the trial court be set-aside.