RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ms.Nirmaljit Kaur, J.
Amrit Lal Tailor and others - Appellant
Versus
LRs. of Maharana Bhagwarsingh Ji - Respondent
S.B. Civil Execution First Appeal No. 6 of 2012.
Decided On : 4-03-2013
CIVIL PROCEDURE CODE - Order VII, Rule 11 - Rejection of plaint - Application under - Maintainability - Suit for declaration and possession - Decree in favour of plaintiff - Execution petition filed - Objections filed by appellants claiming to be tenants of deity - Application under Order VII, Rule 11 filed by plaintiff - Maintainability - Held, application maintainable - Objections dismissed.
Fact of the Case:
Suit for declaration and possession filed by erstwhile ruler against State of Rajasthan - Decree in favour of plaintiff - Execution petition filed - Objections filed by appellants claiming to be tenants of deity - Application under Order VII, Rule 11 filed by plaintiff - Trial Court dismissed objections - Appeals filed by appellants.
Finding of the Court:
Application under Order VII, Rule 11 maintainable - Objections dismissed.
Issues: Whether application under Order VII, Rule 11 of the Civil Procedure Code is maintainable in the present case?
Ratio Decidendi: Application under Order VII, Rule 11 of the Civil Procedure Code is maintainable even after filing of written statement, framing of issues and cross-examination - Objections filed by appellants are not maintainable as the issues raised in the objections have already been decided against the State of Rajasthan and the Devasthan Department in the original suit - Appellants are claiming their right through the Devasthan Department, which has not impleaded itself as a party or filed any objections - Appellants do not have a better right than the State of Rajasthan or the Devasthan Department.
Final Decision: Appeals dismissed.
"10. Whether Statute of Jawanshwarupeshwar is necessary party in this suit?
The said suit for possession was decreed in favour of the plaintiff Maharana Bhagwat Singh. All the issues regarding ownership of the suit property as well a the question of impleading Devasthan Department as necessary party were decided against the defendant-State of Rajasthan vide order and judgment dated 19.09.1997 and it was held that the property in question was the personal property of the plaintiff Maharana Bhagwat Singh. Civil First Appeal No. 191/1997 was filed by the State of Rajasthan against the aforementioned judgment and decree. The said appeal came to be dismissed by this Court for non-prosecution vide order and judgment dated 13.10.2000. S.B. Civil Restoration Petition No. 06034/2007 was filed against the order dated 13.10.2000 passed by this Court. The same was also dismissed vide judgment dated 05.09.2008. The State filed SLP No. 15029/2009 before the Hon'ble Apex Court. The said SLP was too dismissed vide order dated 21.07.2009 and the judgment and decree dated 19.09.1997 passed by the Trial Court was affirmed. The State filed Review Petition No. 312/2010 against the order and judgment passed to the Hon'ble Court which was also dismissed on 16.02.2010.
Sita Ram Dangayach v. Suraj Narain 1985 RLR 806
Suresh Chand Jain v. IIIrd Additional District Judge. Mathura (2001) 10 SCC 508
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.