IMPORTANT POINT
Rejection of plaint – Respondents-original defendants cannot be permitted to take two contradictory stands before two different authorities/courts.

JUDGMENT

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 27.11.2019 passed by the High Court of Madhya Pradesh at Jabalpur in Civil Revision Application No.385 of 2019 by which the High Court has allowed the said Revision Application and has quashed and set aside the order passed by the learned trial Court dismissing the application under Order 7 Rule 11 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) preferred by the respondents herein – original defendants and consequently allowed the said application under Order 7 Rule 11 CPC and has rejected the plaint on the ground that the suit would be barred under the provisions of Section 257 of M.P. Land Revenue Code, 1959 (hereinafter referred to as the ‘MPLRC’), the original plaintiff has preferred the present appeal.

2. The facts leading to the present appeals in nutshell are as under:

2.1 That the appellant herein – original plaintiff initially filed the original proceedings before the Revenue Authority/Tehsildar under Section 250 of MPLRC. The respondents herein ­ original defendants raised the objection against the maintainability of the application under Section 250 of the MPLRC and the jurisdiction of the Revenue Authority/Tehsildar. The Tehsildar rejected the said application accepting the objection raised on behalf of the respondents and held that as the question involved in the matter relates to title, hence provisions under Section 250 of the MPLRC shall not be attracted. Thereafter the appellant herein preferred an appeal before the SDO under Section 44 of the MPLRC challenging the order passed by the Tehsildar. However, during the pendency of the said appeal, the appellant filed the present suit before the learned trial Court for recovery of the possession and injunction. Having been served with the notice of the suit, the respondents – defendants filed an application under Order 7 Rule 11 CPC and requested to reject the plaint on the ground that the suit before the Civil Court would be barred considering Section 257 of the MPLRC. The learned Civil Court rejected the said application and refused to reject the plaint in exercise of powers under Order 7 Rule 11 CPC. Against the said rejection the respondents – defendants preferred Civil Revision Application No.385 of 2019 before the High Court.

2.2 By the impugned judgment and order the High Court has allowed the revision application and has set aside the order passed by the learned trial Court and consequently has allowed the application under Order 7 Rule 11 CPC and has rejected the plaint by holding that in view of Section 257 of the MPLRC the jurisdiction of the Civil Court is barred.

2.3 That as during the pendency of the revision application the appeal filed by the plaintiff rejecting application under Section 250 of the MPLRC came to be dismissed which was not pointed out at the time of final hearing of the revision application by the High Court, the appellant herein filed a review application before the High Court. The said review application has been dismissed.

2.4 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in Civil Revision Application No.385 of 2019 and also the order passed in Review Petition No.725 of 2020, the original plaintiff has preferred the present appeals.

3. We have heard learned counsel for the respective parties at length.

4. At the outset, it is required to be noted and it is not in dispute that the plaintiff instituted the proceedings before the Revenue Authority under Section 250 of the MPLRC. These very defendants raised an objection before the Revenue Authority that the Revenue Authority has no jurisdiction to deal with the matter. The Tehsildar accepted the said objection and dismissed the application under Section 250 of the MPLRC by holding that as the dispute is with respect to title the Revenue Authority would not have any jurisdiction under MPLRC. The said order passed by th