- (1.) THESE appeals under Order XLIII, Rule 1(u) CPC arise out of the order dated 21.2.2013 passed by the Additional District Judge No.2, Bhilwara, whereby the appeal filed by the plaintiff- respondents has been allowed and the order dated 20.3.2012 passed by the trial court has been set-aside; the application filed by the plaintiff under Order XLI, Rule 27 CPC has been allowed and the matter has been remanded back to the trial court for further proceedings.
(2.) THE facts in brief are that the plaintiff filed a suit for permanent injunction regarding land comprised in Araji No.3806 ad-measuring 1 Bigha 13 Biswa. The appellants herein filed application under Order VII, Rule 11 CPC inter-alia with the averments that the suit related to agriculture land and therefore, the same was not maintainable before the Civil Court. The trial court after hearing the parties allowed the application filed by the appellants and exercising powers under Order VII, Rule 10 CPC ordered return of the plaint for being presented before the court of competent jurisdiction.
(3.) FEELING aggrieved, the plaintiff filed an appeal under Order XLIII, Rule 1(a) CPC against the order passed by the trial court under Order VII, Rule 10 CPC. The learned Appellate Court vide impugned order dated 21.2.2013 allowed the appeal and passed the order as indicated here-in-before.;