PURAN SINGH Vs. GENERAL PUBLIC

JUDGEMENT

(1.) Feeling aggrieved of the order dated 12.04.2013, passed by the learned District Judge, Rajsamand (hereinafter referred to as the 'trial court'), vide which the petitioners' suit had been returned under Order VII Rule 10 of the Code of Civil Procedure, 1908, the petitioner has invoked the power of superintendence of this Court, vested in it, under Article 227 of the Constitution of India. The facts are handful, but all of them need to be noticed. The petitioners filed a suit for declaration of their inheritance rights with the following prayer :-

(2.) He submitted that the petitioners had filed a suit for declaration simplicitor, without impleading anybody as defendant, as no rival claimant existed vis a vis the petitioners. All the plaintiffs are heirs of Class II of the deceased Goma, Bhura etc. He argued that such declaration of rights of inheritance can be made only by a competent civil court. Assailing the findings of the trial court he pointed out with surprise that the Court has returned the petitioners' plaint, inferring that the petitioners' intention for getting such declaration was to get Khatedari rights with respect to the agricultural rights vested in Goma, Bhura etc. who died in 1944.

(3.) Mr. Saruparia submitted that since the deceased Goma, Bhura, Khuma etc. died without leaving any heir of Class I, the petitioners being heirs of Class II were entitled to succeed, for which they were advised / required to file a suit for declaration by the revenue authorities, when they sought the agricultural land to be mutated in their names.