RAMCHANDRA Vs. BHANWARLAL

JUDGEMENT

(1.) The present Civil Revision Petition has been pending before this Court since the year 2016. It has been preferred against the order dtd. 26/4/2016 passed by the learned Civil Judge (Junior Division), Churu in Civil Original Suit No. 22/2016, whereby the application filed by the petitioners-defendants No. 1 and 2 under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure, 1908 was rejected.

(2.) The plaintiffs-respondents No. 1 and 2 filed a suit for permanent injunction, averring that in Ward No. 41 of Churu, there exists a Sheetala Mata Mandir and Vyayamshala. The open space situated in front of the Vyayamshala is allegedly used by passengers proceeding towards Salasar for parking camel carts. It was further pleaded that the defendants are attempting to raise a permanent construction by removing the existing tin shed. Accordingly, it was prayed that the illegal construction be restrained and that the defendants be prohibited from raising any further construction or encroaching upon the open public space (chowk) in question.

(3.) Upon service of summons, the defendants filed an application under Order VII Rule 11 read with Sec. 151 CPC, contending that the suit was barred by law under Sec. 91 CPC as it related to a public nuisance or a matter of common injury, and did not concern the violation of any personal or individual rights of the plaintiffs. It was further pleaded that the land in dispute was not public property but pattasuda land belonging to the Sheetala Mata Trust, managed by a registered body. The defendants also contended that the suit was undervalued and insufficiently stamped, and therefore, liable to be rejected as being barred by law.