Bajrang Lal Saini S/O Parmeshwar ... vs Rakesh Rewad S/O Mahaveer Prasad
2021 Latest Caselaw 3347 Raj/2

       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

(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

(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

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