S.B. CIVIL MISC. APPEAL NO.1137/2012
Mohani Devi
Vs.
Bena Ram & Ors.
Date of Judgment 27th April, 2013 PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. O.P. Mehta, for the appellant.
Mr. L.R. Upadhyaya, for the respondents. ----
BY THE COURT:
With the consent of the parties, the appeal has been finally heard.
The appellant is aggrieved against the judgment and decree dated 26.03.2012 passed by the Court of Additional District Judge, Sojat, District Pali, whereby, the appeal preferred by the defendants under Section 96 read with Order XLI, Rule 1 and Section 107 CPC against order dated 03.08.2011 passed by the trial court has been allowed and the plaint has been ordered to be returned under Order VII, Rule 10 CPC for presenting the same before the Court of competent jurisdiction. The facts in brief are that the appellant filed a suit for permanent and mandatory injunction relating to suit land against the respondent-defendants. The defendants besides raising defence on merit, also raised objection about maintainability of the suit before the Civil Court and it was submitted that the 2
nature of land being agriculture, the suit was only maintainable before the Revenue Court.
The trial court framed several issues including issue Nos.5 and 6 regarding main
