RAGHURAJ Vs. BHIKKI

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioners-defendants (for short 'the defendants') under Sec. 115 CPC against the order dtd. 5/12/2016 passed by the Civil Judge, Bharatpur (for short 'the trial court') in Civil Suit No.129/2016 titled as 'Bhikki and Ors. Vs. Raghuraj and Ors', whereby the trial court dismissed the application filed by the defendants under Order 7 Rule 11 CPC.

(2.) Learned counsel for the defendants submits that the respondent Nos.1 to 3-plaintiffs (for short 'the plaintiffs') filed a suit for declaration and permanent injunction against the defendants in which the defendants filed an application under Order 7 Rule 11 CPC which was dismissed by the trial court vide order dtd. 5/12/2016.

(3.) Learned counsel for the defendants further submits that by way of the suit, the plaintiffs wanted to declare themselves owner of the suit property (Khasra No.633 Min situated at Village Murwara, Tehsil Bharatpur which is mentioned in para No.1 of the plaint) whereas, the suit property is revenue land and it is in the name of the defendants on account of revenue record. The present suit is barred under Sec. 207 of Rajasthan Tenancy Act.