Code of Civil Procedure, 1908–Order 7, Rule 10–Rajasthan Tenancy Act, 1955–Sec. 242–Partition, permanent Injunction and declaration–The suit property includes a residential house as well as agricultural land–Court below was of the view that the plaint does not disclose any dispute for partition of the house property between the parties, hence the plaintiff has no cause of action–Plaint reveals that a dispute of house property is also there and the suit for this purpose would be maintainable before the Civil Court–Proper course for the Civil Court was to transmit the record to the proper Revenue Court for adjudication of the issue framed by the Civil Court–Impugned order modified accordingly.
