Rajasthan High Court – Jaipur
Smt. Kaushlaya Devi W/O Samrathsingh vs Ramdev S/O Gyarsa on 24 July, 2025
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2025:RJ-JP:27580]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Revision Petition No. 123/2024
Smt. Kaushlaya Devi W/o Samrathsingh, Aged About 48 Years,
Resident Of Nasirda, Tehsil Devli, District Tonk At Present
Resident Of Kuchalwada Road Tower Wali Gali, Kuchalwada Tehsil
Jahajpur, District Bhilwara (Raj.).
----Petitioner
Versus
1. Ramdev S/o Gyarsa, Aged About 65 Years, Resident Of
Ghad, Tehsil Duni, District Tonk (Raj.).
2. Sheoji S/o Hardeva, Aged About 66 Years, Resident Of
Ghad, Tehsil Duni, District Tonk (Raj.). At Present
Resident Of Muh Masjid Ki Gali Ke Pass, Indra Gandhi
Nagar, Kota (Raj).
----Respondents
For Petitioner(s) : Mr. Praveen Kumar Jain, Adv.
For Respondent(s) : None
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Date of Judgment :: 24/07/2025
This civil revision petition has been filed by the petitioner-
defendant (for short ‘the defendant’) under Section 115 CPC
against the order dated 07.02.2024 passed by Civil Judge, Duni,
District Tonk in Civil Suit (CIS) No.35/2023, whereby the
application filed by the defendant under Order 7 Rule 11 read with
Section 151 CPC has been dismissed.
Learned counsel for the defendant submits that respondent
No.1-plaintiff (for short ‘the plaintiff’) filed a suit for specific
performance of agreement and cancellation of the sale deed
against the defendant as well as respondent No.2 in which
defendant filed an application under Order 7 Rule 11 read with
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Section 151 CPC but trial court vide its order dated 07.02.2024
wrongly dismissed the application filed by the defendant.
Learned counsel for the defendant further submits that trial
court had committed an error in dismissing the application filed by
the defendant. Learned counsel for the defendant further submits
that as per contention of the plaintiff, he had purchased the
disputed land from Sheoji in the year 1992 but he filed the suit in
the year 2023 after a lapse of 31 years. The said disputed land
was purchased by the defendant in a sale consideration of
Rs.1,99,000/- and present value of the said land is more than
Rs.10,00,000/-. So, civil court has no jurisdiction to try it. The
plaintiff had not paid the requisite court fees for cancellation of the
sale deed, so, trial court had committed an error in dismissing the
application filed by the defendant. So, order dated 07.02.2024
passed by the trial court be set aside and plaint filed by the
plaintiff be dismissed.
Despite service of notice no one has put in appearance for
plaintiff(s).
I have considered the arguments advanced by learned
counsel for the defendant and perused the impugned judgment.
It is an admitted position that Sheoji had executed an
agreement to sell in favour of the plaintiff in the year 1992. The
said agreement to sell did not bear any specific date for its
execution. As per the contention of the plaintiff, he asked on
number of occasions to Sheoji for registration of the sale deed but
he assured him to get it registered later on but instead of he
executed the sale deed in favour of the defendant without
informing Sheoji. So, in my considered opinion, the limitation for
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filing the suit would be commenced after denial and plaintiff
wanted to cancel the sale deed, in which he was not a party. The
question of limitation as well as insufficiency of the court fees
would be decided after taking the evidence of the parties. So, in
my considered opinion, the trial court has not committed any error
in dismissing the application under Order 7 Rule 11 read with
Section 151 CPC filed by the defendant. So, the present petition
filed by the defendant being devoid of merit, is liable to be
dismissed, which stands dismissed accordingly.
Pending application(s), if any, stand, disposed of.
(NARENDRA SINGH DHADDHA),J
AVINASH/63
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