CR-34/2010-Smt. Kiran Devi Vs. Smt. Bidami Devi & Ors. Judgment dt.11.3.10 1/2 S.B. CIVIL REVISION PETITION NO.34/2010 Smt. Kiran Devi Vs. Smt. Bidami Devi & Ors. Date of order : 11th March, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Shambhoo Singh Rathore for the petitioner. ------- 1. This revision petition is directed against the order dated 23.1.2010 whereby the petitioner-defendant's application under Order 7 Rule 11 C.P.C. has been rejected by the learned trial court. 2. The dispute pertains to entitlement of plaintiff versus defendant about the retiral benefits in respect of death of one Rajender Singh alias Richpal who was serving in Railway and both the parties have rival claims of being legally wedded wife of deceased Rajender Singh @ Richpal. 3. Learned counsel for the petitioner-defendant urged that Section 28 of Administrative Tribunal Act, 1985 excluding jurisdiction of Civil Court in respect of service matters relating to Central Government employees and, therefore, the learned court below has erred in rejecting the application under Order 7 Rule 11 CR-34/2010-Smt. Kiran Devi Vs. Smt. Bidami Devi & Ors. Judgment dt.11.3.10 2/2 C.P.C. 4. Having heard learned counsel, this court is of the opinion that there is no error in the impugned order and apparently the dispute pertains to civil rights between the parties as to who is the legally wedded wife and what are their respective rights to get retiral benefits from the Railway where the deceased Rajender Singh @ Richpal was serving. This cannot be said to be a service dispute falling within the domain of Administrative Tribunal and, jurisdiction of civil Court cannot be excluded by virtue of Section 28 of the Act. Therefore, the application under Order 7 Rule 11 C.P.C. was rightly rejected by the court below. 5. The revision petition being devoid of merit is hereby dismissed. Copy be sent to the opposite parties [ DR. VINEET KOTHARI ], J. item No.4 babulal/