1987 Supreme(Raj) 649
MOHINI KAPUR
Hardev deceased represented By His L. RS. – Appellant
Versus
Goru – Respondent
JUDGMENT
1. - A suit was instituted by the appellant Hardev & others. Hardev is now dead and his legal representatives have been substituted in his place the appeal is against the order of learned Additional District Judge, Dausa, dated 11-10-1984 by which it was directed that the plaint be returned for presentation before the competent Court viz. the Revenue court. Feeling against this decision he has preferred this appeal.
2. In order to understand as to which Court is empowered to try the suit, the plaint may be looked into. The plaintiffs and the defendants No. 1 to 10 and 15 to 31 arc of the same family, the ancester being Maya Ram. The fathers of the plaintiffs viz. Kushal and Shiv Bux were real brothers and were sons of Bheru. Bheru had two others sons viz. Shobha and Moti, who are dead. Their representatives are defendants. Defendant No. 1 is the elder brother of plaintiff Boru and with the permission of the plaintiff, he gave some land to defendant No, 4 for cultivation in the year 1978. Subsequently without informing the plaintiff, the defendant No. 1 sold his undivided ⅓rd share by virtue of different sale-deeds to defendant No. 7 and defendants Nos. 11 to 50. Now the def
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