Tulcha Ram and Others vs Kana Ram and Others

Vineet Kothari, J.—Heard learned Counsel for the Petitioners.

This revision petition is directed against the order dated 13.07.2011 whereby the learned trial court has rejected the application of the Petitioners-Defendants under Order 7 Rule 11 CPC in which the Defendants claimed that the present suit for injunction can be filed before the revenue court only, which has power u/s 207 of the Rajasthan Tenancy Act and, therefore, the present suit is barred.

Learned Counsel for the Petitioners further submitted that an issue in this regard has already been framed by the learned trial court on the basis of pleadings, however, the learned trial court ought to have decided the same as preliminary issue since the jurisdiction to decide such suits lies with revenue courts, and therefore, they had to file present application under Order 7 Rule 11 Code of Civil Procedure.

Having heard learned Counsel for the Petitioner, this Court is of the opinion that No. interference is called for at this stage, however, the learned trial court may decide the issue framed with regard to jurisdiction of civil court as preliminary issue before proceeding further with the trial.

In the result, the revision petition is disposed of accordingly. A copy of this order be sent to the opposite party and learned trial court forthwith.