Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Irrigation & Drainage Act, 1954–Sec. 52–Application for rejection of plaint–Dismissed–Appreciation of–Application was filed at the stage of evidence of defendant–Condition envisaged in Sec. 52 does not completely oust the jurisdiction of the Civil Court–Additional outlet was sanctioned in favour of defendant–Supply of water would be a regular phenomenon–No adverse order has been passed by the trial Court at the point of time when the crops of dependent is to be sown or grown–Held, application was rightly dismissed.
