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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Shikha Agrawal – Appellant
Versus
Sanjeev Garg (Deceased) – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 96 CPC has been preferred by the plaintiff against judgment and decree dated 3.12.2022 passed by the court of Civil Judge(Senior Division) / FTC, Ghaziabad in O.S. no. 782 of 2021 Smt. Shikha Agrawal Vs. Sanjeev Garg (Deceased) through LR's whereby, the plaintiffs suit has been rejected under Order 7 Rule 11(d) CPC on the ground that plaintiff has sought the relief of declaration and permanent injunction regarding immovable property which is an agricultural land, which can only be granted by revenue Court.
2. Factual matrix is that the plaintiff Smt.Shikha Agrawal filed O.S. no. 782 of 2021 against his real brother Sanjeev Garg(died during pendency of suit) with the averments that their father Satyaprakash Garg died on 12.5.2009 leaving behind his wife Smt. Premlata Garg, daughter Shikha Agrawal(plaintiff) and son Sanjeev Garg(defendant) as his legal heirs. It was further averred that the defendant died during pendency of suit on 8.3.2022 leaving behind his wife Smt.Vandana Garg and sons Shaurya Garg,Dhairya Garg. Smt.Premlata Garg also died on 22.3.2020. She further averred that on the death of her parents, she and the l
Civil courts retain jurisdiction over non-agricultural properties in disputes involving agricultural claims, and cannot dismiss the entire plaint under Order 7 Rule 11 without evaluating all claims o....
The civil court has jurisdiction to hear a suit for cancellation of a sale deed relating to converted land, even if the sale deed was executed before the conversion.
A plaint can be rejected under Order VII Rule 11 of the CPC if it is manifestly vexatious, does not disclose a clear right to sue, and is barred by limitation, particularly when the plaintiff does no....
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
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