JAINENDRA KUMAR RANKA,J. - (1.) Instant revision petition at the instance of defendant-petitioner has been directed against the order dated 14/08/2015 passed by the trial court dismissing the application filed by the defendant-petitioner under Order 7, Rule 11 CPC.
(2.) Brief facts of the case as noticed are that plaintiff-respondent filed a suit before the learned trial court for permanent injunction seeking relief therein that the defendant-petitioner may be restrained from dispossessing the plaintiff-respondent from the suit property and it was further prayed that the defendant-respondent (UIT, Kota) may also be restrained from issuing Patta in favour of defendant-petitioner.
(3.) During pendency of the suit, an application under Order 7, Rule 11 CPC came to be filed raising objection regarding maintainability of the suit before the Civil Court contending therein that the suit property is an agricultural land and is accordingly recorded as an agricultural land in the revenue records and is not an abadi land and as such, the suit filed by the plaintiff-respondent is not maintainable before the Civil Court and can be tried by the Revenue Court only.;