Code of Civil Procedure, 1908–Order 7, Rules 10, 11 & 13–Rajasthan Tenancy Act, 1955–Sec. 207–Plaintiff had filed the earlier suit for injunction which was returned by the Trial Court on 18.07.2023–Instead of approaching a Revenue Court, he filed instant suit for declaration cum injunction with the declaratory relief that the sale deed dated 05.06.2023 executed by the defendant no. 2 be cancelled–Declaratory relief claimed is a part of same khasra–The Land use is immaterial–If the dispute pertains to khatedari rights then if law prohibits institution of civil suit, then same is barred by law–There is no revenue record in favour of plaintiff and no suit is pending for declaration of khatedari rights–Plaintiff should get declared his khatedari rights first or get conversion of land into abadi and then seek a relief of declaration but he has filed instant suit for declaration and injunction, which is partially based on same cause of action available to him while filing the earlier suit–Application under Order 7, Rule 11 deserves to be allowed.
