SHASHIKANT SHARMA Vs. HANUMAN SAHAY CHOUDHARY

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner assailing the order dtd. 28/10/2025 passed by the learned Additional Civil Judge No.18, Jaipur Metropolitan-I in Civil Suit No.464/2025, whereby the application filed by the petitioner under Order 7 Rule 11 read with Sec. 151 of the CPC was rejected.

(2.) Brief facts giving rise to the present revision petition are that the plaintiff/respondent No.1 filed the suit for permanent injunction against the defendant No.1/petitioner, claiming possession on the basis of the letter dtd. 20/11/2017, and sought a decree for permanent injunction against the defendant No.1/petitioner. In the plaint, it was narrated that the plaintiff/respondent No.1 is in lawful possession of the suit property and the plaintiff/respondent No.1 is bent upon forcefully dispossessing him. In the plaint, the plaintiff pleaded that the cause of action accrued on 5/9/2025, the date on which defendant No. 1/petitioner allegedly vandalized the suit property and attempted to forcibly evict the plaintiff therefrom.

(3.) After service upon the defendants, the defendant No.1/petitioner filed an application under Order 7 Rule 11 read with Sec. 151 of CPC, and sought rejection of the plaint inter alia on the grounds that: the suit is barred by Sec. 41(h) of the Specific Relief Act, 1963 ('SRA, 1963'), there is non-joinder/ misjoinder of necessary parties, the suit is undervalued and the plaintiff has paid insufficient Court fee, the suit is frivolous/vexatious in nature, the suit does not disclose any cause of action, and the suit is barred by limitation.