DBSAW No.377/2009 Ram Kumar & Ors. Vs. State of Raj. & Ors. 1 D.B. Civil Special Appeal No.377/2009 Ram Kumar & Ors. Vs. State of Raj. & Ors. DATE OF ORDER : - 13.4.2009 HON'BLE MR. PRAKASH TATIA, J. HON'BLE DR. VINEET KOTHARI, J. Mr. NK Goyal, for the appellants. <><><> Heard learned counsel for the appellants. The writ petitioners contention is that the suit filed by the respondents in the revenue court was not maintainable and, therefore, the plaint should have been rejected under Order 7 Rule 11 CPC by the trial court, but that has not been done and the writ petitioners-appellants application filed under Order 7 Rule 11 CPC was dismissed by the revenue court vide order dated 28th May,2007 and that order has been upheld by the Board of Revenue vide order dated 9th June, 2008. According to learned counsel for the appellants, the plaintiffs have challenged the sale deed which is apparent DBSAW No.377/2009 Ram Kumar & Ors. Vs. State of Raj. & Ors. 2 from the relief claimed by the plaintiffs in view of the copy which has been annexed as Annex.1. We perused the plaint's contents and found that the learned Single Judge allowed the writ petitioners to raise the issue in proper form and it is not necessary to decide the question raised by the petitioners by way of application under Order 7 Rule 11 CPC and, therefore, observed that there is no necessity to interfere in the impugned order and, thereafter, made it clear that it will be open for the petitioners to make a prayer before the trial court to frame particular issue for adjudication of the matter. We do not find any illegality in the order passed by the learned Single Judge dated 9th Sept., 2008. At this stage, learned counsel for the appellants submitted that the trial court may be directed to decide the issue of jurisdiction of the court as preliminary issue. We do not find any reason to do so because of the reason that complete procedure has been prescribed for deciding the issue as preliminary issue and only an issue which can be decided as preliminary issue in accordance with law that only can be decided and for that purpose, the appellants DBSAW No.377/2009 Ram Kumar & Ors. Vs. State of Raj. & Ors. 3 may move an appropriate application before the trial court and if the trial court will find it lawful to decide the issue as preliminary issue, the trial court may decide the issue. Hence, there is no merit in this appeal and the same is hereby dismissed. (VINEET KOTHARI),J. (PRAKASH TATIA), J. c.p.goyal/-