SANGEET LODHA,J. - (1.) This writ petition is directed against order dated 4.8.16 passed by the Board of Revenue Rajasthan, Ajmer, whereby the revision petition preferred by the petitioner under Section 230 of Rajasthan Tenancy Act, 1955 (for short "the Act"), against the order dated 28.8.14 passed by the Assistant Collector-cum-Sub Divisional Officer, Rawatsar, in Revenue Suit No.125/10, rejecting an application preferred by the petitioner under Order 7, Rule 11 CPC, has been partly allowed.
(2.) The fourth respondent/plaintiff preferred a suit for partition and permanent injunction before the Assistant Collector-cum-Sub Divisional Officer, Rawatsar, inter alia against the petitioner/defendant in respect of the agriculture land ad measuring 57 bighas comprising khasra no.1 min and 95 bighas comprising khasra no.10 min, total 142 bighas in chak no.3 NWD, Tehsil Rawatsar.
(3.) The suit is being contested by the petitioner/defendant by filing a written statement thereto. On the basis of pleadings of the parties, the trial court framed the issues and the matter is posted for evidence. At this stage, the petitioner preferred an application under Order 7, Rule 11 CPC seeking rejection of the plaint, stating that a suit for partition filed by the plaintiff's father Dhanpat, the petitioner herein, and Ramkishan s/o Jasram, was decreed by the court of Assistant Collector, Hanumangarh vide judgment and decree dated 19.9.84 passed in Revenue Suit No.526/84. It was contended that in view of the partition decree already passed during the lifetime of plaintiff's father Dhanpat, the suit preferred by the plaintiff-Rampyari is barred by principle of res judicata. That apart, it was contended that the plaintiff's father had expired in the year 1994 and thus, after lapse of about 20 years, the suit preferred by the plaintiff is barred by limitation. That apart, it was contended that the plaintiff has filed the suit inter alia against Jasraj, a dead person.;