SHIV KARAN Vs. RAM KARAN AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against order dated 30.01.2015 passed by Civil Judge, Raisinghnagar, whereby, the application filed by the petitioner under Order 7, Rule 11 CPC has been rejected.

(2.) The respondent-plaintiff filed a suit seeking declaration regarding Will dated 28.03.1989 claiming the same to be null and void and thereafter seeking recording of the agricultural land in the name of all the legal representatives of deceased Mani Ram.

(3.) The petitioner filed an application under Order 7, Rule 11 CPC, inter alia, on the ground that the suit was barred under provisions of Section 207 of the Rajasthan Tenancy Act, 1955 ('the Act') as the suit pertained to the agricultural land. Further submissions have been made that the effect of the Will can be examined by the Revenue Court and in case it is found that the Will has been executed beyond competence, the same can always be held to be ineffective.