1. - The appellants have challenged the order dated 5.4.2005 passed by the Addl. District Judge, Dholpur whereby the learned Judge has set aside the judgment dated 4.5.2001 passed by the Civil Judge (Sr. Division) Bari, District Dholpur.

2. The brief facts of the case are that on 26.7.96, the respondent No.1, Mahaveer, had filed a civil suit for declaration and permanent injunction against the appellants, wherein he had prayed that the disputed property, the 'Bada' situated in village Swamikapura be declared to be under his ownership and possession and that the defendants be restrained from dispossessing him from the said property. The defendants, the appellants before us, filed a written statement on 28.1.97 and raised an objection that the said property was in the fields of defendant No.2 Jagannath. Jagannath is the Khatedar tenant of the disputed land. Since the suit relates to a Khatedari land, the suit could not be filed before the Civil Court. But, in fact it should be filed before the Revenue Court. Hence, the Civil Court does not have the jurisdiction to try the suit. The learned trial court framed six issues. Issue No.5 pertained to the jurisdiction of the Court. A