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Sohni Devi (Smt.) vs. Bhanwarlal & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 207–Prayer for rejection of plaint–Dismissal of–Suit filed by the plaintiffs was for declaration of sale deed executed by their father null and void–It is not disputed that the property was ancestral property of plaintiffs–Unless the plaintiffs get their khatedari rights declared by the Revenue Court, their prayer to declare the sale deed null and void is not maintainable before the Civil Court–Matter is squarely covered by the case of Pyarelal–Impunged order passed by the Trial Court is liable to be set aside–If the plaintiffs opt to prefer any suit before the Revenue Court, that can be done within the period of limitation which would start from the date of this order.