HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15917/2019
Bajrang Lal Saini S/o Parmeshwar Lal, Aged About 51 Years, R/o
Ward No. 34, Village Fatehpur District Sikar (Raj.)
----Petitioner
Versus
Rakesh Rewad S/o Mahaveer Prasad, Aged About 33 Years, R/o
Sadeensar, Tehsil Fatehpur District Sikar.
----Respondent
For Petitioner(s) : Mr. Devendra Kumar Chauhan For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 02/08/2021 Learned counsel for the petitioner submits that the jurisdiction did not lie to the Senior Civil Judge, Fathepur to decide the application filed under Section 6 of the Rajasthan Relief of Agricultural Indebtness Act, 1957 and relies on judgment passed in case of Madan Lal Versus Asat Ali reported in 2016 (3) DNJ (Raj.) 1417, to submit that the case has to be presented before Debts Relief Court.
I have considered the submissions.
This Court finds that firstly the petitioner has not taken the objection raised regarding maintainability of the suit filed before the learned Civil Court. This Court also finds that the Civil Court had jurisdiction which was taken up in the matter relating to Rajasthan Relief of Agricultural Indebtness Act, 1957 treating it as (Downloaded on 04/08/2021 at 09:48:56 PM) (2 of 3) [CW-15917/2019] a Debt. The Debt Relief Court passed an order initially as against the petitioner on 28.10.2015 whereafter the petitioner filed a revision petition before the Revisional Court and did not take objection regarding jurisdiction. The Revisional Court remanded the matter back to the concerned Civil Court vide order dated 03.02.2018 for deciding the matter. After considering all the issues the trial Court has thereafter decided the matter and passed the judgment and decree on 27.07.2018 whereafter again revision petition was filed before the learned Additional District Judge under Section 17 of the Rajasthan Relief of Agricultural Indebtness Act, 1957 and the revisional court dismissed the revision after examining the validity of the order passed by the Court below under Section 17 of the Rajasthan Relief of Agricultural Indebtness Act, 1957. Thus, the jurisdiction has been accepted by the petitioner in clear terms and at no point of time objection was raised regarding the maintainability of the suit before the concerned Civil Court.
The facts of Madan Lal (supra) were however different where the question of maintainability was taken up and the learned Civil Court found that there is a separate Debts Relief Court hearing the matters returned the plaint against which the petition was filed before the High Court and High Court held the order of the concerned Court.
Taking into consideration the provisions of Act of 1957 and specially Section 17 of the Act, this Court finds that the learned Revisional Court has examined the facts in detail and also examined the maintainability part and reached at the conclusion (Downloaded on 04/08/2021 at 09:48:56 PM) (3 of 3) [CW-15917/2019] which does not require any interference. The writ petition is devoid of merits and the same is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J NITIN /37 (Downloaded on 04/08/2021 at 09:48:56 PM) Powered by TCPDF (www.tcpdf.org)