IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Civil Revision No. /2024
PETITIONER : Bhukhanlal
VERSUS
RESPONDENTS : Fulkibai and others
INDEX
S.N Particulars Annex Page
o. ure No.
01. Synopsis
02. Revision Petition under section 115 of --
the Code of Civil Procedure 1908, along
with petitioners’ affidavit
03. Copy of the impugned order dated P/1
09.02.2024 passed by the learned Civil
Judge Class-II, Bilaspur, District Mungeli .
04. Copy of application under order 7 rule P/2
11
05. Application for condolation of delay
06. Application for grant of ad interim
stay/relief.
11. CERTIFICATE --
12. VAKALATNAMA --
Bilaspur (C.G.)
Date: Counsel for the Petitioner
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Civil Revision No. /2024
PETITIONER : 1. Bhukhanlal , Age 65 Years
(Defendant No.01 ) (as per trail court record)).
S/o Suddhuram R/o Village
Bijrakapa,
Lalpur Village Lagra Tehsil Lormi
District Mungeli (C.G)
VERSUS
RESPONDENTS : 1. Fulkibai W/o Sangram Singh Aged
about 65
(Plaintiff 1-6) Years, R/o Village Manpur Tehsil Kota
District Bilaspur (C.G)
2. Kamlabai, W/o Meghnad Aged about
60 Years
R/o Village Lakaumara, Tehsil
Pathariya, District Mungeli(C.G)
3. Sabana D/o Faguram Aged about 23
Years,
4. Seema D/o Faguram Aged about 21
Years,
5. Shail D/o Faguram Aged about 19
Years
6. Anusuiya D/o Faguram aged about 16
Years
Through Father Faguram
( Respondent No 3,4,5,6 are
resident of Village Anda
Tehsil Pathariya, District
Mungeli (C.G))
(Defendant No. 2-3 ) 7. Jawahar Singh S/o Garju Gond
Aged about 40 Years
R/o Village Dongariya Tehsil Lormi
District (C.G)
8. State of Chhattisgarh through
Collector Mungeli District Mungeli
(C.G)
REVISION PETITION UNDER SECTION 115 OF THE
CODE OF CIVIL PROCEDURE, 1908
Being aggrieved and dissatisfied by the order dated
09.02.2024 passed by the learned III rd Civil Judge Class-II
Mungeli District Mungeli in Civil Suit No. 14-A/2023 , whereby
the learned trial court below has rejected the defendants/non-
applicants application under Order 7 Rule 11 read with Section
151 of the Code of Civil Procedure, 1908 stating that no ground
averred in the aforesaid application holds substance for
dismissing the suit, hence the present petitioner/ defendant
begs to prefer this civil revision on the following facts and
grounds : -
FACT OF THE CASE :-
1. That, the subject matter of the present dispute is regarding the
suit scheduled land Khasra No. 4/3 PHN 52 situated at Tehsil
Lalpur District Mungeli. The Collector, Mungeli vide its order
dated 22/09/2000 has granted permission to sell the said land
and in pursuant to said permission the land was sold to the
present applicant / defendant No. 01 in the original suit.
2. That, the plaintiffs in the instant case aggrieved by the sale of
the suit scheduled land has brought a suit to declare order
dated 22/09/2000 as void and also for permanent injunction.
3. That, the present applicant on 15/09/2023 filed an application
under Order 7 Rule 11 of the Code of Civil Procedure (CPC) for
rejection of plaint on the ground that the said civil suit is barred
by law under section 257 read with 170 of the Land Revenue
Code wherein the jurisdiction of the civil court has been barred
specifically over the order passed by collector granting
permission of transfer of lands belonging to ST and SC. Since
the petitioner has sought relief for declaration of order dated
22/09/2000 passed by the collector the said civil suit in itself is
not maintainable.
4. That, it is quite important to mention that section 257 (l)
provides as under
257. Exclusive jurisdiction of revenue authorities.
(l)any claim to set aside transfer by a bhumiswami under subsection
(1) of Section 170 and clauses (a) and (b) of sub-section (2) of
Section 170-A;
Section 170 of the land revenue code provides as under 170.
Avoidance of transfer in contravention of Section 165.
(1)Where possession is transferred by a bhumiswami in pursuance of
a transfer which is in contravention of sub-section (6) of Section 165
any person who, if he survived the bhumiswami without nearer heirs
would inherit the holding, may,-(i)till the 31st December, 1978, in
the case of transfer of possession prior to the 1st July 1976;
and(ii)within twelve years of such transfer of possession, in
subsequent cases,apply to the Sub-Divisional Officer to be placed in
possession subject so far as the Sub-Divisional Officer may, in
accordance with the rules made in this behalf determine to his
acceptance of the liabilities for arrears of land revenue or any other
dues which form a charge on the holding, and the Sub-Divisional
Officer shall dispose of such application in accordance with the
procedure as may be prescribed.(2)Where any land of a bhumiswami
is sold in contravention of subsection (3) of Section 165, the Court by
which such sale is ordered shall, on the application of the
bhumiswami or any person who, if he survived the bhumiswami
without nearer heirs would inherit the holding made within two years
of such sale, set aside the sale and place the applicant in possession
of the land subject to his accepting the liability for arrears of land
revenue or any other dues which form a charge on the land.
5. That, therefore it is quite clear from bare perusal of such
section that the jurisdiction of the civil court is expressly barred
by the mandate of such section therefore the application ought
to have been allowed. Copy of the application preferred by the
present applicant is annexed here as ANNEXURE P/2
6. That, the Learned Court on 09.02.2024 has passed the order
deciding the application preferred by the applicant and
dismissed the same for the reason that right to hear suit for
declaration is only available to the Civil Court therefore the suit
is liable to be tried before the court. Copy of order dated
09.02.2024 wherein the application of the petitioner has been
rejected is annexed here as ANNEXURE P/1.
7. That, the findings of the Learned Civil Court is alien to the civil
jurisprudence and has been passed in complete misnomer to
the facts of present case. Hence the petition on following
grounds :-
GROUNDS
(A) Because, the learned Civil Judge Class-II passed the erroneous
and cryptic order in very mechanical manner and it’s not
sustainable in the eyes of law, hence deserve to be set aside.
(B) Because, the learned Civil Judge Class-II has failed to consider
the provisions of the Land revenue Code which puts specific bar
on the jurisdiction of the civil court.
(C) Because, the learned civil court has failed to consider the fact
that the specific relief act being general law cannot override the
effect and operation of the Land revenue Code which is special
law dealing with the certain field of rand revenue.
D) Because, as the order of the collector has not been appealed by
the plaintiffs the same has attained finality and now it is not
open for the civil court to ascertain the correctness of the order.
E) Because, the declaration to declare the order of collector has
been sought which cannot be granted in this stage.
(F) “In Dahiben v. Arvindbhai Kalyanji Bhanusali, 3 (2020) 7
SCC 366 Para 23.15 ” The provision of Order 7 Rule 11 is
mandatory in nature. It states that the plaint “shall” be rejected
if any of the grounds specified in clauses (a) to (e) are made
out. If the court finds that the plaint does not disclose a cause
of action, or that the suit is barred by any law, the court has no
option, but to reject the plaint.
(G) Because, if the impugned order is allowed to stand it would
cause serious hardship to the Defendants/ Present Petitioners
and will amount to miscarriage of justice.
PRAYER
It is therefore prayed that the Hon'ble Court may kindly be
pleased to exercise its Revision Jurisdiction under Section 115
of the Code of Civil Procedure, and to set-aside the order
dated 09/02/2024 passed by the learned Civil Judge Class II,
Mungeli in Civil Suit No. 14 A/2023, in the interest of justice.
Bilaspur (C.G.)
Date: Counsel for the Petitioner
CERTIFICATE
It is certified that due care has been taken in the instant
case to comply with the provisions of the Chhattisgarh High
Court Rules.
Bilaspur (C.G.)
Date: COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
I.A. No. of 2024
In
Civil Revision No. /2024
PETITIONER : Bhukhanlal
VERSUS
RESPONDENTS : Fulkibai and others
APPLICATION FOR GRANT OF AD-INTERIM RELIEF /
STAY
The above named petitioner begs to submit as
under:-
1. That the Defendants/present Petitioners have preferred
the instant civil revision against the order dated
09/02/2024 passed by the learned Civil Judge Class-II
Mungeli in Civil Suit No. 14-A/2023.
2. That the Defendants/present Petitioners craves leave
of this Hon’ble Court to refer all the facts and grounds as
have been urged in the memo of the revision petition in
support of this application also.
3. That, the Defendants/present Petitioners has good prima
facie case in their favour and balance of convenience lies
in their favour as well as if the further proceedings of the
civil suit allowed to stand it will cause serious hardship and
irreparable loss to the Defendants/present Petitioners
which cannot be compassionate by any means.
4. That, during pendency of this petition, the trial court
proceedings may kindly be stayed.
Affidavit of the Defendant No.01/Petitioner No.01 is filed in
support of the application.
PRAYER
It is therefore, prayed that this Hon’ble Court may kindly
be pleased to allow this application and stay the further
proceedings of the Civil Suit No. 14 A/2023 pending before
the learned Civil Judge Class II Mungeli in the interest of
justice.
Bilaspur (C.G.)
Date: Counsel for the Petitioner
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
I.A. No. 1 of 2024
In
Civil Revision No. /2024
PETITIONER : Bhukhanlal
VERSUS
RESPONDENTS : Fulkibai and others
APPLICATION FOR CONDOLATION OF DELAY
The above named petitioner begs to submit as
under:-
1. That the Defendants/present Petitioners have preferred
the instant civil revision against the order dated
09/02/2024 passed by the learned Civil Judge Class-II
Mungeli in Civil Suit No. 14-A/2023.
2. That the Defendants/present Petitioners craves leave
of this Hon’ble Court to refer all the facts and grounds as
have been urged in the memo of the revision petition in
support of this application also.
3. That, there is delay of nearly 3 months and 18 days
bonafide delay caused by the petitioner in filing the instant
revision such delay has been caused as the petitioner is
not so literate person and he was seeking legal opinion in
the matter as to what could be the best possible recourse
available to him. Therefore the delay has been caused in
filing the present petition.
4. That, therefore the delay may be condoned in the interest
of justice.
Affidavit of the Defendant No.01 is filed in support of the
application.
PRAYER
It is therefore, prayed that this Hon’ble Court may kindly
be pleased to allow this application and stay the further
proceedings of the Civil Suit No. 14 A/2023 pending before
the learned Civil Judge Class II Mungeli in the interest of
justice.
Bilaspur (C.G.)
Date: Counsel for the Petitioner
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Civil Revision No. /2024
PETITIONER : Bhukhanlal
VERSUS
RESPONDENTS : Fulkibai and others
SYNOPSIS
Being aggrieved and dissatisfied by the order dated
09.02.2024 passed by the learned IIIrd Civil Judge Class-II
Mungeli District Mungeli in Civil Suit No. 14-A/2023 , whereby
the learned trial court below has rejected the defendants/non-
applicants application under Order 7 Rule 11 read with Section
151 of the Code of Civil Procedure, 1908 stating that no ground
averred in the aforesaid application holds substance for
dismissing the suit, hence the present petitioner/ defendant
begs to prefer this civil revision
DATES AND EVENTS IN CHRONOLOGICAL ORDER
15/09/2023 Application under order 7 Rule 11 preferred
by the petitioner.
09.02.2024 Impugned order has been passed and
application under order 7 Rule 11 has been
rejected,
Bilaspur (C.G.)
Date: Counsel for the Petitioner
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Civil Revision No. /2024
PETITIONERS : Kali Charan and others
(Defendant in Lower court )
VERSUS
RESPONDENTS : Shailesh Charan and
another
AFFIDAVIT
I, Bhukhanlal , Age 65 Years S/o Suddhuram R/o Village
Bijrakapa,
Lalpur Village Lagra Tehsil Lormi District Mungeli (C.G) do
hereby solemnly affirm and state on oath as under :-
1. That, I am the Petitioner/Defendant No. 01 in the
instant Civil Revision and as such I am well
conversant with the facts and circumstances of the
present case, hence competent to depose on oath.
2. That, the averments made in the Civil Revision have
been drafted on my instructions and the contents of
the Civil Revision and accompanying application are
true and correct to my personal knowledge and
belief.
3. That the contents of the civil revision and
accompanying application have been read over and
explained to me in Hindi and I have well understood
the same.
Deponent
VERIFICATION
I, , Bhukhanlal the above named deponent do
hereby verify that the contents of the affidavit from
para 1 to 3 are true to my personal knowledge and
belief. Verified & signed on at Bilaspur (C.G.).
Identified by
Deponent
