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Dev Bai vs. Addl. Civil Judge No.1, Kota and Ors.

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Code of Civil Procedure, 1908–Order 7, Rule 11(d)–Rajasthan Tenancy Act, 1955–Sec. 207–Application for rejection of plaint–Allowed–Justification–While rejecting the suit under the provisions of Order 7, Rule 11(d), Court should of view that the suit is barred by the specific law–Suit was filed by plaintiff seeking the cancellation of sale deed executed–Relief could be granted by civil Court and not by revenue Court–Further, the suit cannot be rejected on the ground of jurisdiction without producing the evidence by the parties–Impugned order set aside.