MAHAVEER SUMAN Vs. SUDARSHAN KANWAR

JUDGEMENT

(1.) Instant civil revision petition has been filed by the petitioner- defendant (for short 'the defendant') against the order dtd. 23/1/2019 passed by Civil Judge (South), Kota (for short 'the trial Court') in case No. 252/2018 titled as "Sudarshan Kanwar Vs. Mahaveer Suman and Ors.", whereby the trial Court dismissed the application filed by the defendant under Order VII Rule 11 CPC.

(2.) Learned counsel for the defendant submits that respondent No. 1-plaintiff (for short 'the plaintiff') filed a civil suit for permanent injunction with regard to agricultural land in which defendant filed an application under Order VII Rule 11 CPC before the trial Court stating therein that civil Court had no jurisdiction to try the suit because land in dispute is agricultural land and injunction suit shall lie before the revenue Court but the trial Court vide order dtd. 23/1/2019 wrongly dismissed the application filed by the defendant observing that the objection raised by the defendant is a mixed question of law and fact and the same would be decided after taking the evidence of the parties.

(3.) Learned counsel for the defendant also submits that trial Court had committed an error in dismissing the application filed by the defendant because disputed land is agricultural land. So, the order dtd. 23/1/2019 passed by the trial Court be set aside.