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Rukma Devi (Smt.) th. LR’s. vs. Kalyan Singh & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11 & Sec. 151–Rajasthan Tenancy Act, 1955–Sec. 5(24)–Rejection of application under Order 7, Rule 11–Appreciation of–Earlier, the application filed on the same grounds has been dismissed and the same relief cannot be entertained through the instant application–Defendant had filed the suits for permanent injunction and declaration before the Civil Court–Now, he cannot allege that the suit is not maintainable before the Civil Court–Revenue Courts are not equipped to adjudicate the matters in which the allegation of fraud has been levelled–Land in question is municipal land and being used for residential purpose–Held, application was rightly dismissed.