SHAKUR SHAH Vs. ELIYAS

JUDGEMENT

(1.) Heard the parties.

(2.) By the impugned order dtd. 6/9/2023 passed in Civil Suit No.48/2023, learned Civil Judge, Phalodi has refused the prayer of the petitioners to reject the plaint under Order VII Rule 11 CPC.

(3.) Contention of the petitioners is that the grievance disclosed in the plaint was maintainable before the Waqf Tribunal and not before any other court in view of the bar of jurisdiction of civil court contained under Sec. 85 of the Waqf Act.