HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 16/04/2025
This civil revision petition has been filed under Section 115
CPC against the order dated 22.11.2023 passed by Additional
District Judge No. 2, Jaipur Metropolitan-II, Jaipur (for short ‘the
trial Court’), whereby the application filed by the petitioners-
defendant Nos. 1 to 3 (for short ‘the defendants’) under Order 7
Rule 11 CPC has been dismissed.
Learned counsel for the defendants submits that plaintiffs-
respondents (for short ‘the plaintiffs’) filed a civil suit for
cancellation of document, declaration and permanent injunction
against the defendants and respondent Nos. 5 to 9 in which
defendants filed an application under Order 7 Rule 11 CPC
mentioning that the present suit filed by the plaintiffs was time
barred and since the plaintiffs only sought the relief of declaration
and did not seek any relief for partition as well as possession, the
suit was barred by law. It was also mentioned that unless the
revenue rights of the plaintiffs are adjudicated, the civil court had
no jurisdiction to try the suit for cancellation of the documents.
Therefore, the suit was liable to be dismissed but the trial Court
vide order dated 22.11.2023 wrongly dismissed the application
field by the defendants. Therefore, the order dated 22.11.2023
passed by the trial Court be set aside.