RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD. AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-3-63
HIGH COURT OF RAJASTHAN
Decided on March 17,2015

Rajasthan State Ganganagar Sugar Mills Ltd. And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) THIS writ petition is directed against the judgment dated 24.7.1989 passed by the SDO, Jodhpur; the judgment dated 26.8.1991 passed by the Revenue Appellate Authority (II), Jodhpur ('RAA') and the judgment dated 3.7.1996 passed by the Board of Revenue, Rajasthan, Ajmer ('BOR'), whereby the SDO dismissed the suit filed by the appellants under Order VII, Rule 11 CPC and the appeals filed by the petitioners before the RAA and BOR have been dismissed as incompetent on account of non -filing of copy of the decree alongwith the memo of appeal.
(2.) THE petitioners filed a suit for declaration, possession and cancellation of mutation and other entries in the revenue record as well as for compensation in respect of the land ad measuring 21 Bigha 14 Biswa. An application under Order VII, Rule 11 CPC was filed by the defendant Abhay Prakash inter -alia on the ground that the suit was barred by limitation.
(3.) THE SDO, after hearing the parties, by its judgment dated 24.7.1989 came to the conclusion that the plaintiffs were not competent to file suit under Section 183 of the Rajasthan Tenancy Act, 1955 ('the Act') and the suit was barred by limitation and consequently, while accepting the application filed by the defendant under Order VII, Rule 11 CPC rejected the plaint.;


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