Aameeni vs Bhagmal - 2023 Supreme(Raj) 2306

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 2306

MAHENDAR KUMAR GOYAL
Aameeni – Appellant
Versus
Bhagmal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Gajender Singh Rathore, Advocate.
For the Respondent:Mr. J.P. Goyal, Sr. Advocate With Ms. Sakshi Tiwari.

JUDGMENT :

Mr. Mahendar Kumar Goyal, J. - This civil revision petition has been preferred against the order dated 30.06.2022 passed by the learned Additional District Judge No.4, Alwar (for brevity, "the learned trial Court") in Civil Suit No.34/05/2021, Old No. (34/152/2009), (34/149/2011) whereby, an application filed by the petitioners/defendants (for brevity, "the defendants") under Order 7, Rule 11 CPC has been dismissed.

2. The relevant facts in brief are that the respondents/plaintiffs (for brevity, "the plaintiffs") filed a suit for revocation of the registered gift deed dated 29.07.2008 alleging that it was got executed fraudulently by the defendants from the plaintiff no.1 of his agricultural land. Therein, the defendants filed an application under Order 7, Rule 11 CPC raising objection as to its maintainability being hit by Section 207 of the RAJASTHAN TENANCY ACT , 1955 (for brevity, "the Act of 1955"). The application has been dismissed by the learned trial Court vide order dated 30.06.2022, impugned herein.

3. Assailing the order, learned counsel for the defendants submits that while dismissing their application, the learned trial Court did not appreciate that the Civi

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