POONAMA RAM Vs. MOHAN LAL

JUDGEMENT

(1.) Present writ petition has been filed challenging order dtd. 26/3/2025 passed by Court of Learned Assistant Collector cum Sub-Divisional Officer, Shahpura, whereby rejecting application of petitioner-defendants filed under Order VII Rule 11 CPC. Petitioners have also challenged validity of order dtd. 13/1/2026 passed by Learned Board of Revenue, whereby revision petition preferred by petitioners challenging said order dtd. 26/3/2025 was dismissed.

(2.) Briefly stated, factual background giving rise to present writ petition are as follows. Respondent-plaintiffs filed a suit under Ss. 88 and 53 of the Rajasthan Tenancy Act, 1955, for declaration of khatedari rights and for seeking partition.

(3.) In said suit, petitioner-defendants filed an application under Order VII Rule 11 CPC, stating therein that on an earlier occasion, plaintiff's father had filed a revenue suit, namely, suit no. 12/89, with regard to the same land, which was decided vide judgment and decree dtd. 19/11/1990. It was submitted that said judgment and decree dtd. 19/11/1990 had attained finality and operated as res-judicata against present suit. Accordingly, on said ground, defendants prayed for rejection of plaint under Order VII Rule 11 CPC.