- (1.) In this revision petition, the petitioner is challenging order dated 6-5-2009 passed by the Addl. Distrcit Judge, Parbatsar, whereby, the said Court dismissed the application filed by the petitioner defendant under Order VII Rule 11, read with Section 151, C.P.C. in Civil Original Suit No. 11/2009 pending before the Addl. District Judge, Parbatsar.
(2.) According to brief facts of the case, the respondent-plaintiffs preferred suit for declaration and permanent injunction, in which, the plaintiffs prayed that order dated. 13-2-2009 passed by the Mining Engineer, Makrana in exercise of powers conferred under Rajasthan Minor Mineral Concession Rules, 1986 may be quashed. After filing aforesaid civil suit, the respondent-plaintiffs also preferred a revision petition before the State Government viz., Deputy Secretary, Mines under Rule 47 of the Rules of 1986 against the same order. That revision petition was dismissed by the Deputy Secretary, Mines vide order dated 2-3-2009.
(3.) In the civil suit before the Addl. District Judge, Parbatsar. petitioner-defendant filed application under Order VII, Rule 11, C.P.C. submitting that the civil suit is not maintainable on the ground that the same is based upon agreement which is void under the mining law and, further, the same is not maintainable in view of Section 23 of the Indian Contract Act. It is also pleaded that respondent-plaintiffs have already sought remedy under Rule 47 of the Rules of 1986 by way of filing revision petition and, that, too, has been rejected by the State Government, therefore, the suit is not maintainable.;