HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Revision Petition No. 45/2021

Ganesh Ram S/o Lota Ram, Aged About 41 Years, adopted son of

Late Hema Ram S/o Sona Ram Jat, R/o Bhed, Tehsil Khinvsar,

District Nagaur.

----Petitioner

Versus

1.

Lota Ram S/o Sona Ram,

2.

Smt. Ruki Devi D/o Lota Ram,

3.

Smt. Kali D/o Late Sona Ram,

4.

Smt. Lali D/o Sona Ram,

5.

Sukha Ram S/o Lota Ram,

6.

Kesha Ram S/o Lota Ram,

All residents of Village Bhed, Tehsil Khinvsar, District

Nagaur

----Respondents

For Petitioner(s)

:

Mr. C.S. Kotwani

For Respondent(s)

:

Mr. N.R. Choudhary

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

01/04/2022

The instant revision petition has been filed challenging

the order dated 27.7.2021 passed by learned Additional District

Judge No.1, Nagaur in Civil Original Case No. 30/2021 titled as

‘Lota Ram & Ors. vs. Ganesh Ram’, whereby application under

Order 7 Rule 10 & 11 read with Section 151 CPC filed by the

defendant – petitioner herein was dismissed.

Brief facts of the case are as under:-

Plaintiff – respondents herein Lota Ram and others filed

a suit before learned Additional District Judge, Nagaur for

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[CR-45/2021]

cancellation of adoption deed with permanent injunction against

Ganesh Ram defendant – petitioner stating therein that defendant

Ganesh Ram was never adopted by Late Hema Ram. As per

pedigree enumerated in the plaint, Hema Ram, Lota Ram, Kali and

Lali are sons and two daughters of Sona Ram. Hema Ram was

unmarried and lived with his brother Lota Ram. Ganesh Ram who

was alleged to be adopted by Hema Ram was not living with Hema

Ram, whereas, before the death of Hema Ram, he started living at

Surat. Ganesh Ram was very clever and greedy person, whereas,

the plaintiffs Lota Ram and others were illiterate and agriculturists.

Hema Ram was head of the family and hence, after the death of

Sona Ram, father of Lota Ram, Hema Ram, Kali and Lali, whole

agricultural land as mentioned in Para – 2 of the plaint was

entered in the sole name of Hema Ram, whereas, Hema Ram had

only 1/4 share in the land of his father. As per averments made in

the plaint, after the death of Hema Ram, all plaintiffs had became

entitled for 1/3 share of the land. Since the land was entered

inadvertently in the sole name of Hema Ram, hence, Lota Ram

and others have filed suit for declaration of khatedari rights,

partition and injunction against co-khatedars in the court of Sub

Divisional Officer, Khinwsar. Since, the plaintiffs were in the

impression that after the death of Hema Ram, all land will devolve

as per the provisions of Section 8 of Hindu Succession Act in

favour of plaintiffs, they have not filed any proceedings for

correction of revenue records. In the plaint, it has been further

averred that Hema Ram never expressed his desire to take any

person in adoption. Ganesh Ram, who is biological son of Lota

Ram, was very clever and greedy person. In the year 2016, he

fraudulently prepared an adoption deed in his favour and managed

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[CR-45/2021]

to get signatures of Hema Ram and plaintiffs. Plaintiffs and Hema

Ram were under the impression that this document is a will in

favour of Lota Ram. Plaintiffs came to know about this forgery in

April, 2021 after the death of Hema Ram when Ganesh Ram

asserted his right as an adopted son of Hema Ram. Hence, the

plaintiffs filed this suit for cancellation of adoption deed and

seeking declaration to the effect that Ganesh Ram is not the

adopted son of Late Hema Ram. They also sought injunction

against any interference in the possession of plaintiffs over the

disputed land.

After filing the written statement, an application was

moved by defendant under Order 7 Rule 10 and 11 CPC on the

ground that the suit is essentially a revenue suit with regard to

agricultural land, hence, the same is not maintainable before the

civil court. After hearing on th