Ramchandra vs Sehjal @ Dayawanti
2021 Latest Caselaw 7971 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 23/2021

Ramchandra S/o Narayanlal, Aged About 71 Years, 253, Dangaliyo Ki Magri, Village Bhuwana, Tehsil Badgaw, Dis. Udaipur

----Petitioner Versus

1. Sehjal @ Dayawanti W/o Omprakash, 74, Nearby Vidhya Bhawan, Village Dewali, Tehsil Badgaun, Dis. Udaipur

2. Bhawika D/o Omprakash, 74, Nearby Vidhya Bhawan, Village Dewali, Tehsil Badgaun, Dis. Udaipur

3. Brij Kumawat S/o Ramchandra Kumawat, 253, Dangaliyo Ki Magri, Village Bhuwana, Tehsil Badgaw, Dis. Udaipur

4. Laxmi W/o Bhagwatilal, 48, Dangaliyo Ki Magri, Village Bhuwana, Tehsil Badgaw, Dis. Udaipur

5. Urban Improvement Trust-State, Secretary, Udaipur

----Respondents

For Petitioner(s) : Mr. Sajjan Singh Rajpurohit.

For Respondent(s)         :



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                     Order

22/03/2021

It is submitted by learned counsel for the petitioner that

from the averments made in the plaint it is apparent that the

property in question belonged to Narayan Lal, who died in the year

1968 and as such his property was succeeded by defendant no.1 -

Ram Chandra under Section 8 of the Hindu Succession Act, 1956

and the plaintiffs' husband/father was borne in the year 1982 and

as such the plaintiffs had no right in the suit property and

consequently the suit was liable to be dismissed under Order VII

Rule 11 (a) CPC for lack of disclosing any cause of action.

(2 of 2) [CR-23/2021]

Reliance was placed on Uttam vs. Saubhag Singh & Ors. :

2016 (1) Civil Times (SC) 322.

Further submissions were made that the petitioner had

raised the issue of jurisdiction of civil court in the application

under Order VII Rule 11 CPC and had cited law on the subject.

Though, the judgments cited have been noticed in the order

impugned, the said aspect has not been determined by the trial

court. It is submitted that the suit is barred under Section 207 of

the Rajasthan Tenancy Act, 1955.

Reliance has been placed on Pyarelal vs. Shubhendra

Pilania : 2019 (1) RRT 291 and Geeta Devi & Ors. vs. Pushap

Chand & Ors. : 2019 (1) RRT 43.

In view of the above submissions made, issue notice. Issue

notice of the stay application also. Notices are made returnable

within four weeks.

In the meanwhile and till further orders, further proceedings

in Civil Original Suit No. 82/2020 pending before the Addl. District

Judge No. 4, Udaipur shall remain stayed.

(ARUN BHANSALI),J

11-baweja/-

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