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PRAKASH GUPTA
Bhawani Shankar – Appellant
Versus
Kesar Bai – Respondent
ORDER
1. This revision petition has been filed by the petitioners/defendants (for short 'the defendants') against the order dated 10.12.2020 passed by the trial Court, whereby the application filed by the defendants under Section 11 & 151 read with Order 7 Rule 11 CPC has been dismissed.
2. Facts of the case are that the respondents-plaintiffs (for short 'the plaintiffs') filed a suit for declaring the sale deed dated 20.05.1964 null and void and permanent injunction.
3. The defendants filed an application under Section 11 & 151 read with Order 7 Rule 11 CPC. In para 1 and 4 of the application following averments were made:
4. The trial Court vide its order dated 10.12.2020 has dismissed the defendants application under Section 11 & 151 read with Section Order 7 Rule 11 CPC. Hench this revision petition.
5. Learned counsel for the defendants submits that while considering the objections raised by the defendants in their application, the trial Court has wrongly dismissed the application filed under Section 11 & 151 read with Section under Order 7 Rule 11 CPC. Hence, the impugned order is liable to be quashed and set aside. In support of his contentions, he has relied upon an order dated
The jurisdictional objections under the Rajasthan Tenancy Act must be considered by the trial court when determining the validity of a sale deed and related injunctions.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
The central legal point established in the judgment is the distinction between void and voidable documents and their impact on the jurisdiction of revenue and civil courts in cases involving agricult....
Reliefs for ownership disputes, including cancellation of a sale deed, fall under Civil Court jurisdiction, not Rent Tribunal jurisdiction.
The main legal point established in the judgment is that for deciding an application under Order 7 Rule 11 of CPC, the relevant facts to be looked into are the averments in the plaint, and the pleas ....
Order VI Rule 17 CPC reads as amendment of pleadings.
Issues of limitation and sale deed validity require full trial; defenses are not assessed at the preliminary dismissal stage under CPC.
The main legal point established in the judgment is that if the allegations in the plaint make a case of the document being voidable, only the civil court would have jurisdiction to deal with the sai....
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