The central legal point established in the judgment is that the factum of adoption needed to be proved by evidence and that the suit was not barred under any law.

Sanjay Misra, J.

Heard Sri B.P. Singh, learned Senior Counsel assisted by Sri Vivek Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the Respondents No.4 to 7 and Sri B.N. Singh for the Respondent No.9.

2. Notice need not be issued to the other respondents.

3. This writ petition is directed against the orders dated 14.05.2013 passed by the Civil Judge (Sr. Division) Mirzapur in Suit No.793 of 2001 whereby the application made by the petitioner being paper no.213-Ga has been rejected. It is also directed against the revisional order dated 08.08.2013 passed by the District Judge, Mirzapur in Revision No.76 of 2013 whereby the revision of the defendant-petitioner has been rejected.

4. Sri B.P. Singh, learned Senior Counsel has submitted that the petitioner had filed an application dated 03.04.2013 paper no.213-Ga stating that the suit itself filed by the plaintiff-respondent is barred under Order VII Rule 11 CPC. He states that the Trial Court by the impugned order dated 14.05.2013 has rejected such application illegally and the Revisional Court has committed the same illegality.

5. According to learned counsel for the petitioner, the suit was itself barred and in support of his submission he has placed reliance on a decision of this Court in the case of Baburam Vs. District Judge, Varanasi, reported in 2013 (119) RD 73 and states that an injunction suit filed on the basis of a sale deed where the plaintiff is not recorded as the tenure holder nor in possession then the plaintiff has to first seek a declaration of his right as bhumidhar on the basis of that sale deed and unless such a declaration is granted no relief can be granted in a suit for permanent injunction.

6. He has also placed reliance on a decision of the Hon'ble Supreme Court in the case of Kamla Prasad Vs. Krishna Kant Pathak, reported in 2007 (102) RD 378 to submit that a suit before the Civil Court can only be with regard to abadi and the question of validity of a sale deed in respect of an agricultural land can be entertained only by the Revenue Court.

7. He has also relied on a decision of the Hon'ble Supreme Court in the case of Popat and Kotecha Property Vs. State Bank of India Staff Association, reported in 2005(7) SCC 510 : 2005 (2) ARC 892 to state that under Order VII Rule 11(d) CPC plaint can be rejected where it is barred by any law and it applies only where the submission made in the plaint without any doubt or dispute shows that the suit is barred by any law in force. It was held that the said provision does not apply in a case of any disputed question.

8. He has also placed reliance on a decision of the Hon'ble Supreme Court in the case of Kamala and others Vs. K.T. Eshwara Sa and others, reported in 2008(3) AWC 2776 : 2008 (3) ARC 589 and submits that under Order VII Rule 11 (d) CPC a plaint can be rejected from the statement made in the plaint it appears to be barred by any law.

9. Having considered the submission of learned counsel for the petitioner and perused the record, the application paper no.213-Ga dated 03.04.2013 made by the petitioner is a short application and is quoted hereunder: -

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Jheku th]

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