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2010 Supreme(Raj) 1505

R.S.CHAUHAN
Ashok Chouhan – Appellant
Versus
Amri Bai – Respondent


Advocates:
For the Appellant:S.K. Saksena, Advocate.

JUDGMENT

1. - Aggrieved by the order dated 09.04.2010, passed by the learned District Judge, Ajmer, whereby the learned Judge has returned the plaint of the plaintiff-appellant for its presentation before the revenue court, the appellant has challenged the said order before this Court.

2. In brief, the facts of the case are that on 29.03.2010, the plaintiff-appellant filed a suit for declaration and permanent injunction under Section 34/38 of Specific Relief Act, 1963 ('the Act', for short) against the defendants-respondents. In the suit a relief was sought for declaration of title on the basis of adverse possession and a decree of permanent injunction restraining the defendants-respondents from causing any hindrance in use and occupation of the subject land. On 30.03.2010, on the occasion of check-report, the learned court below raised an objection as to the jurisdiction of the civil court for trying the subject suit. The objection of the court below was that the subject suit was triable by a revenue court. Vide order dated 09.04.2010, the learned court below concluded that the court has no jurisdiction to entertain the suit and the subject suit can only be entertained by the reven









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