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2011 Supreme(Raj) 598

G.K.TIWARI
Sharwan – Appellant
Versus
Tola – Respondent


Advocates Appeared
Arvind Pareek, for Petitioners;
Hemant Sogani, for Respondent No.1;
Ex-parte proceedings against the L.s. of Respondent No.2

Dr. TIWARI, M.—This revision petition under Section 230 of the Rajasthan Tenancy Act, 1955 (in short `the Act') is directed against the impugned order dated 11.3.1999 of Assistant Collector Bansur District Alwar.

2. Briefly stated, the facts of the case are that the petitioners-plaintiffs filed a suit in the court of Assistant Collector Bansur for declaration of khatedari rights and grant of permanent injunction in respect of the suit lands. Assistant Collector dismissed the suit under Order 17 Rule 3 of the Civil Procedure Code (C.P.C.) on the ground that the petitioners-plaintiffs have neither produced their oral evidence nor deposited the cost of Rs. 50/- imposed on them. Aggrieved against the impugned order dated 11.3.1999 of Assistant Collector, the petitioners have preferred the present revision petition in this court.

3. I have heard the learned counsels of both the parties.

4. The learned counsel for the petitioners contended that Assistant Collector, without understanding the provision of Order 17 Rule 3 of the C.P.C., has illegally rejected the suit. So far issues have not been framed by the trial court in accordance with law as is apparent from the order sheet dated 23.9.19
















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