ASHA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IN a suit filed by plaintiff respondent in the court of Assistant Collector Malpura for division of holding and permanent injunction, the defendant petition sought amendment of written statement by adding additional ground to the effect that the revenue court had no jurisdiction in view of registered will executed in regard to suit property. After dismissal of application was matter was taken upto the Board of Revenue. The Board while disposing revision petition observed that objection in regard to jurisdiction could be raised at any stage of suit and it was not necessary to incorporate the objection in the written statement. Pursuant to the observation of the Board the defendant made prayer in black and white to dismiss the suit. The prayer of the defendant was allowed and suit was ordered to be dismissed. On appeal Revenue Appellate Authority allowed the appeal and remitted the matter back to decide all the issues framed on the basis of pleadings of parties. the second appeal preferred by the defendant against the judgment of Revenue Appellate Authority was dismissed and the judgment of RAA was confirmed. Against this finding of Board of Revenue that the instant writ petition has been field by the defendant.