[2025:RJ-JD:15641]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 20/2024

1. Peer Mohd S/o Shri Jamaludeen, Aged About 67 Years, B/c Silawat R/o Silawato Ka Mohalla, Deedwana (Raj.)

2. Salim S/o Peer Mohd., Aged About 50 Years, B/c Silawat, R/o Silawato Ka Mohalla, Deedwana (Raj.)

----Petitioners Versus

1. Hanuman Prasad S/o Trilok Chand, B/c Soni, R/o Lalbagh Colony, Deedwana (Raj.)

2. Ramratan Soni S/o Shri Poonamchand Soni, R/o Padamaniya Bas, Kuchaman Road, Deedwana (Raj.)

3. Laxminarayan S/o Shri Tansukh Soni, R/o Village Dayalpura, Deedwana (Raj.)

4. The Chairman, Municipal Board, Deedwana (Raj.)

5. The Executive Officer, Municipal Board, Deedwana (Raj.)

----Respondents For Petitioner(s) : Mr. Prashant Tatia For Respondent(s) : Mr. Chetan Prakash Soni Mr. Kuldeep Prajapat for Mr. Rajesh Parihar HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

Reserved on :- 20/03/2025 Pronounced on:- 28/03/2025

1. Petitioners, who are defendants of Civil Suit No.12/2023 are aggrieved by refusal of their prayer to reject the plaint under Order VII Rule 11 CPC vide impugned order dated 03.11.2023.

2. Plaintiff-respondent Nos.1, 2 & 3 had brought the aforesaid suit stating therein that they are members of Med Swarnkar Smaj. In village Didwana, they had a cremation ground, which was acquired by the State of Rajasthan in the year 1976 for construction of a police station and in lieu thereof, on the recommendation of the Collector, Nagaur dated 08.02.1977, the State of Rajasthan reserved 1 Bigha 5 Biswas of Khasra No.1255 for use as cremation ground of the plaintiffs. The said allotment was notified and circulated to the District Collector, Nagaur. The same was recorded in the revenue record vide referred order dated 25.05.1977 and possession was given to the plaintiffs. Later on, a residential scheme was floated in Nagar Palika, Didwana over Khsara No.1255, which had area of 50 Bigha more. The plaintiffs brought a suit against Nagar Palika, which was dismissed. Thereafter, a compromise was reached between the society of plaintiffs and Nagar Palika, on 09.09.2005, 1 Bigha of Khasra No.1255 was handed over to the plaintiffs and it was agreed that 10 Biswas would be made available at some other place, but the said 10 Biswas was never allotted nor possession was given to the plaintiffs.

3. Later on, in collusion with the Municipal Authorities, the petitioners got patta in their name for residential purpose. The plaintiffs sought for a decree that the patta issued in favour of the petitioners be declared as void and the defendants be restrained from making any construction on that and the respondents be directed to provide 10 Biswas of land to the plaintiffs in lieu of their land acquired by the State of Rajsthan. The plaint was challenged on the ground that notice to the Municipality under Section 304 of the Rajasthan Municipalities Act, 2009 was not given prior to filing of the suit.

4. Evidently, continuous dispute was going on with the Municipality and this objection can be raised only by the Municipality and not by anyone else. Municipality has not raised any objection regarding lack of notice, which was sine-qua-non for maintainability of the suit.

5. Learned counsel for the petitioners submits that the averment in the plaint must disclose a real cause of action. A clever drafting and illusionary cause of action cannot be allowed to abuse the process of the Court and such irresponsible suit should be nipped in the bud at the threshold.

Learned counsel has relied on the judgment of this Court in Mahaveer Sadhna Sansthan Vs. Smt. Shashi Mathur & Anr.

reported in 2017(2) RLW 924 decide on 23.02.2017.

6. Evidently, the plaint in the present case discloses a triable cause of action. On the facts of this case, the judgment aforesaid is distinguishable.

7. Learned counsel for the respondents submits that the petitioners cannot argue beyond the prayer made in the application under Order VII Rule 11 CPC, only grounds of non-compliance of the