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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Khurshid, S/o. Kalu – Appellant
Versus
Hamid, S/o. Zuhru – Respondent
ORDER :
1. Instant civil misc. appeal is preferred by appellants defendants aggrieved from judgment dated 15.05.2024 in civil regular appeal no. 4/2024 passed by learned Additional District Judge no.1, Kishangarh Bas, District Alwar whereby the appeal preferred by respondent no.1 plaintiff from judgment and decree dated 22.03.2024 in civil suit no. 34/05/2024 passed by learned Civil Judge, Kishangarh Bas, District Alwar was allowed and the matter (civil suit) was remanded back to the trial court.
2. The plaintiff Hamid Khan has filed a civil suit for mandatory and permanent injunction before learned Civil Judge, Kishangarh Bas, District Alwar against present petitioners and proforma respondent no.2. During pendency of this civil suit an application under Order VII Rule 11 CPC was filed by defendant nos. 1 to 5 (present appellants) on the ground that the suit pertains to agriculture land and jurisdiction of civil court is barred under Section 207 of Rajasthan Tenancy Act. Further, it was stated that the revenue suit titled as “Sahun Vs. Khurshid” is also pending, and parallel civil suit is not maintainable. The trial court considering application under Order VII Rule 11 CPC read with
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.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
The civil court retains jurisdiction over injunction suits concerning leased non-agricultural lands, and under applicable statutes, a plaint cannot be rejected partially but must be considered as a w....
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
The jurisdiction of the civil Court can be excluded under specific statutory provisions, and the application under Order 7 Rule 11 of CPC is to be decided based on the averments in the plaint.
The main legal point established is that the Trial Court can exercise the power under Order VII Rule 11 of the CPC at any stage of the suit and the averments in the plaint are crucial for deciding su....
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