1. - This revision petition under Section 115 C.P.C. is directed against order dated 25.9.2013 passed by Civil judge (junior Division), Udaipur City-South, Udaipur, whereby, the application filed by the petitioner under Order 7, Rule 11 read with Section 151 C.P.C. has been rejected.

2. The application under Order 7, Rule 11 was filed on two counts:-

(a) The plaint does not disclose a cause of action,

(b) The suit was barred by law.

3. The Trial Court while deciding the application came to the conclusion that in view of the provisions of Section 251 of the Rajasthan Tenancy Act, 1955, it cannot be said that the suit was barred by law and, regarding cause of action, the Court observed that the same was a mixed question of law and fact, which can only be decided after taking evidence of the parties.

4. It is submitted by the learned counsel for the petitioner that the issues raised are pure question of law. The issue as to whether the plaint disclosed any cause of action or not, it was submitted that the land in question is admittedly an agricultural land and the plaintiff has claimed easementary rights which rights are apparently not available in view of provision of Section 17