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VIJAY BISHNOI
Harish Chandra – Appellant
Versus
Maksood Ahmed – Respondent
ORDER
1. This writ petition is filed by the petitioner being aggrieved with the order dated 27.04.2022 passed by the Board of Revenue, Ajmer (for short ’the BoR’), whereby the revision petition filed by the petitioner has been dismissed. The revision petition was preferred by the petitioner being aggrieved with the order dated 12.10.2020 passed by the Sub-Divisional Officer, Banswara (for short ’the SDO’), whereby the application filed by the petitioner under Order 7 Rule 11 CPC has been dismissed.
2. Brief facts of the case are that the respondent No.1 has moved an application before the SDO under Section 136 of the Rajasthan Land Revenue Act, 1956 (for short ’the Act of 1956’) with a prayer to make a fresh measurement with respect to the land of Khasra Nos.3089 and 6030/3088 of Village Talwada, Tehsil District Banswara.
3. The said application was opposed by the petitioner and a detailed reply to the same was filed by the petitioner.
4. During the pendency of the application under Section 136 of the Act of 1956, the petitioner has moved another application under Order 7 Rule 11 CPC with a prayer that the application filed by the respondent No.1 under Section 136 of the Act of 1956 ma
The proceedings under Section 136 of the Act of 1956 are summary in nature and cannot be treated as a suit, thus the application under Order 7 Rule 11 CPC is not maintainable.
The court upheld the Board of Revenue's decision that the petitioner was neither a necessary nor a proper party to the proceedings, affirming the dismissal of his application.
Sections 151 and 152 CPC are limited to clerical corrections and do not allow for substantive reviews of prior judgments.
An order passed on an application under Order IX Rule 5 CPC is not an appealable order under Section 223 of the Rajasthan Tenancy Act, 1955 but can be challenged by filing a revision petition under S....
A party has the right to seek corrections in revenue records, and questions of fact are to be determined by trial courts, not through writ intervention.
The sufficiency of grounds for dismissal under Order 7 Rule 11 CPC and the requirement of serving notice under Section 80 CPC for multiple reliefs sought in a suit.
The court emphasized the limited power of Article 227 of the Constitution of India and the authority of the Sub Divisional Officer to rectify mistakes in land records.
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