1/2 S.B.CIVIL REVISINO PETITION NO.4/2009 (Soudagar Singh vs. Malkit Singh) DATE OF ORDER : 25/2/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.C.S.Kotwani, for the petitioner. Mr.Jai Dev Singh, for the respondent. Heard learned counsels. This revision petition is directed against the order dated 3/1/2009, whereby, the learned trial court has rejected the application of defendant petitioner under Order 7 Rule 11 CPC. Learned counsel for the petitioner defendant Mr.Kotwani submits that since the land in question is admittedly agricultural in nature, therefore, under Section 207 of the Rajasthan Tenancy Act the Revenue Court has the jurisdiction and the trial court has erred in rejecting the application under Order 7 Rule 11 CPC. On the side opposite Mr.Jai Dev Singh opposed this submission and submitted that he is in possession of the land for last 20 years, therefore, if the defendant has any claim over the land in question he may approach the revenue court, as far as the plaintiff is concerned he has rightly filed the suit for injunction and the civil court has rightly rejected the application under Order 7 Rule 11 CPC. Perusal of the impugned order indicates that rejection of 2/2 application under Order 7 Rule 11 CPC is mainly on the ground that said application was not supported by the affidavit. There is considerable force in the submission of learned counsel for the petitioner. Such an objection raised through application was not required to be supported by affidavit as no averment of facts were involved and as per plaint itself the land in question being agricultural in nature the dispute raised by the plaintiff fell within the jurisdiction of Revenue Court under Section 207 of Tenancy Act. Having heard the learned counsel, this court is satisfied that learned court below committed an error in rejecting the application of defendant petitioner. Consequently, this revision petition is allowed and order dated 3/1/2009 is set aside. The application of the petitioner under Order 7 Rule 11 CPC is allowed and suit filed by the plaintiff namely civil suit no.10/2008 filed in the Court of Civil Judge (Jr.Div.), Srivijaynagar is dismissed. (DR.VINEET KOTHARI), J item no.51 baweja/-