HANUMAN MEENA Vs. CHANDRA SINGH

JUDGEMENT

(1.) The appellant has challenged the judgment dated 11-7-2002 passed by the Additional District Judge, No. 5, Jaipur City, Jaipur whereby the learned Judge has quashed and set aside the order dated 28-4-2000 passed by the Additional Civil Judge (Junior Division), Jaipur (East) and has remanded the case back to the learned Magistrate.

(2.) The brief facts of the case are that the respondent-plaintiff had filed a civil suit wherein he had claimed that he had purchased a plot. Plot No. 23 situated in Vijay Nagar Scheme, J.L.N. Marg, Jaipur from Shri Laxmi Narayanpuri Bhawan Nirmal Sahkari Samiti Ltd., Jaipur (henceforth to be referred to as 'the society', for short). Since 1981 he is in possession of the said plot. However, after handing over the possession to him, the society tried to reduce the size of his plot and tried to issue an amended allotment letter. The plaintiff cautioned the society against it. It was further claimed that plot Nos. 25 and 26 were bought by the pro forma respondent/defendant No. 1. The defendant No. 1 and her husband in collusion with the society members wanted to encroach upon the plaintiffs plot. Therefore, the suit for declaration to the effect that the plaintiff is the sole owner and in possession of the plot No. 23 in question and for permanent injunction was filed.

(3.) The appellant and the defendant No. 1 filed an application under Order 7. Rule 11 of the Code of Civil Procedure (henceforth to be referred to as 'the Code' for short) stating therein that the civil suit was barred under Section 75 of the Rajasthan Co-operative Societies Act, 1965 (henceforth to be referred to as 'the Act of 1965', for short) as well as under Section 137 of the Act of 1965. Vide order dated 28-4-2000, the learned trial Court held that the suit was, indeed, barred by the above-mentioned sections and, therefore, dismissed the said suit under Order 7, Rule 11 of the Code. Since the plaintiff was aggrieved by the said order, he filed an appeal before the learned Judge. Vide judgment dated 11-7-2000, the learned Judge quashed and set aside the order dated 28-4-2000 and remanded the case back to the learned trial Court. Hence, this appeal before this Court by the defendant No. 2 in the original suit.