Prakash Gupta, J. - (1.) This first appeal has been directed against the order dated 17th January, 2017 passed by Additional District Judge No.13, Jaipur Metropolitan whereby the application filed by the respondents under Order 7 Rule 11 CPC was allowed and the plaint was rejected under Order 7 Rule 11 CPC.
(2.) Brief facts giving rise to this appeal are that a suit for permanent injunction was filed by the plaintiff-appellant with the averments that the suit property known as "Janani Doydhi" was personal property of late Maharaja Bhawani Singh and the same was let out by him to the plaintiff trust. Since, the defendant sought to evict the plaintiff-appellant without due process of law, the suit was filed seeking permanent injunction against the defendant.
(3.) During the pendency of the suit, an application under Order 7 Rule 11 CPC was filed by the defendants wherein, it was stated that the plaintiff is not in possession over the suit property and the suit property is in possession and ownership of the defendants. The dispute relates to covenant, the same cannot be looked into by the civil court and hence, the civil court has no jurisdiction to try the suit.;