Bela M. Trivedi, J. - (1.) The present revision petition under Section 115 of CPC has been filed by the petitioners-defendants challenging the order dated 23.10.07 passed by the A.C.J.M. No.4, Alwar (hereinafter referred to as 'the trial court') in Civil Suit No. 12/07, whereby the trial court has dismissed the application of the petitioners under Order VII Rule 11 of CPC seeking rejection of the plaint.
(2.) The suit has been filed by the respondent No.1-plaintiff against the petitioners-defendants seeking declaration to the effect that he is entitled to get the family pension from the respondents-defendants, after the death of Shri Kalyan Singh on 6.9.03, he being the adopted son of Shri Kalyan Singh and that he is entitled to get the appointment on compassionate ground. It has been alleged in the plaint that the deceased Kalyan Singh was serving with the petitioner No.3-defendant No.3 and before his death he had adopted the respondent-plaintiff by executing the adoption deed dated 14.8.03 which was also registered. In the said suit, the petitioners-defendants filed the application under Order VII Rule 11 of CPC seeking rejection of the plaint on the ground that in view of Section 29 read with Section 14 of the Administrative Tribunals Act,1985 (hereinafter referred to as the said Act'), the civil court did not have the jurisdiction to entertain the suit and the suit was liable to be transferred to the Tribunal under the said Act. The said application has been rejected by the Tribunal vide the impugned order, against which the present petition has been filed.
(3.) The learned Central Government Standing Counsel Mr. Kunal Rawat for the petitioners drawing the attention of the court to Section 29 of the said Act submitted that all the suits pending before the court in respect of the matters covered under Section 14 of the said Act were required to be transferred and civil court did not have the jurisdiction to entertain the suit. According to him the trial court has misconstrued the provisions of the said Act and wrongly dismissed the application filed by the petitioners.;