Bhadur Singh And Ors vs Amrit Puri And Ors

By the instant revision petition, petitioner-defendants have challenged order dated 13.07.2018, passed by Additional District Judge, Rajsamand (for short, 'learned Court below'), whereby learned Court below has rejected their application under Order 7 Rule 11 CPC in a suit for declaration and perpetual injunction filed by respondent-plaintiffs.

Precisely, the petitioner-defendants in the application under Order 7 Rule 11 CPC have taken shelter of Clause (c) and (d) i.e. under valuation of the suit and suit is barred by limitation. Learned Court below, upon consideration of the application, has recorded its finding that both these issues are mixed question of fact and law and, therefore, can only be adjudicated after taking evidence of rival parties.

There remains no quarrel so far as the objections relating to Clause (c) and (d) of Rule 11 of Order 7 CPC are concerned that same can be prima facie examined on the basis of the averments made in the plaint. As the petitioners have raised objections about limitation and valuation of the suit, in the backdrop of facts and circumstances of the case, the learned Court below has rightly found these objections being mixed question of fact and law.

Therefore, in my view, it would not be appropriate to interfere with the impugned order in exercise of revisional jurisdiction. As the impugned order does not suffer from any jurisdictional error, I feel disinclined to interfere with the same.

Consequently, the revision petition fails and same is hereby rejected.

However, before parting, it may be observed that learned Court below is expected to consider the objections of petitioners and decide the same in accordance with law dispassionately and uninfluenced by the observations made in the order by this Court as well as in the impugned order.