Rajasthan High Court - Jaipur
Mohan Singh vs Civil Judge(Jd) And J M Ringus And Other on 28 October, 2013
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
SB CIVIL MISC. STAY APPLICATION NO. 1276/13. IN SB CIVIL REVISION PETITION NO.66/123. HON'BLE MS. JUSTICE BELA M. TRIVEDI Date of Order::28.10.2013 Mr. S.M. Mehta, Sr. Advocate with Mr. Anil Mehta for the petitioner/s. Mr. G.C. Garg for the respondent/s.
Heard the learned counsels for the parties at length.
It appears from the documents on record, more particularly the copy of the plaint filed by the respondent Nos. 2 and 3, that the inquiry as regards the subject matter of the suit was pending with the Assistant Commissioner under Section 23 of the Rajasthan Public Trust Act, and now the Assistant Commissioner has passed the order on 5.7.13 in favour of the appellant and against the respondent Nos. 2 and 3. Since as per the provisions under Section 73 of the said Act, the civil court does not have jurisdiction to decide and deal with any question which is by or under the said Act to be decided or dealt with by the officer of the Authority under the Act, the trial court prima facie appears to have committed error in rejecting the application of the appellant under Order VII Rule 11 CPC.
Since today, the appeal has already been admitted after hearing the learned counsels for the parties, the proceedings of the suit filed by the respondent Nos. 2 and 3 are stayed till the pendency of the appeal. The application stands disposed of accordingly.
(BELA M. TRIVEDI) J.
MRG All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
M.R. Gidwani PS-cum-JW