Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Secs. 207 & 251(2)–Suit for permanent injunction for the use of way to access to agricultural land–Application for rejection of plaint–Rejected by trial Court–Appreciation of–Sec. 251(2) has over ride effect over the provisions of Sec. 207–A party is entitled to go civil Court as permitted u/s. 251(2)–For the purpose of granting the relief on the basis of an easementary right, the proper forum is civil Court–Held, application was rightly dismissed.
