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MADAN GOPAL VYAS
Om Prakash – Appellant
Versus
Deeparam – Respondent
JUDGMENT :
Madan Gopal Vyas, J.
All the aforesaid Civil Revision Petitions under section 115 of CPC have been filed by the petitioners-defendents against the order dated 23.03.2017 passed by the learned Civil Judge, Pali in Civil Original Suit Nos.64/2014, 67/2014, 69/2014, 70/2014, 66/2014, 68/2014 & 65/2014.
2. Learned counsel appearing for the petitioners submits that in the application filed under Order 7, Rule 11 of CPC, there was a specific objection on behalf of the defendents-petitioners that the suit property is an agricultural land and therefore, the civil court does not have jurisdiction to hear and decide the suit, however, the learned trial court without considering this aspect of the matter has rejected the application under Order 7, Rule 11 CPC.
3. Learned counsel appearing for the petitioners further submits that the controversy involved in the present revision petition is no more res-integra as the co-odinate Bench of this Court in Hastimal & Ors. v. Pushpa Devi & Ors. (S.B. Civil Revision Petition No.84/2017) decided on 20.11.2020, has held that where the suit pertains to an agricultural land, the cognizance of it by any court other than a revenue court is barred unde
Civil courts lack jurisdiction over suits involving agricultural land, which must be adjudicated by revenue courts as per Section 207 of the Rajasthan Tenancy Act, 1955.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 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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