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2022 (3) TMI 1579 - SC - Indian LawsRejection of plaint - plaint rejected on the ground that the suit would be barred under the provisions of Section 257 of M.P. Land Revenue Code, 1959 - Order 7 Rule 11 of Code of Civil Procedure, 1908 - HELD THAT:- The High Court has not at all appreciated the fact that when the appellant – original plaintiff approached the Revenue Authority/Tehsildar he was nonsuited on the ground that Revenue Authority/Tehsildar had no jurisdiction to decide the dispute with respect to title to the suit property. When the suit was filed and the respondents defendants took a contrary stand that even the civil suit would be barred. In that case the original plaintiff would be remediless. In any case the respondents – original defendants cannot be permitted to approbate and reprobate and to take just a contrary stand than taken before the Revenue Authority. Therefore, in the facts and circumstances of the case, the learned trial Court rightly rejected the application under Order 7 Rule 11 CPC and rightly refused to reject the plaint. The High Court has committed a grave error in allowing the application under Order 7 Rule 11 CPC and rejecting the plaint on the ground that the suit would be barred in view of Section 257 of the MPLRC. The impugned judgment and order passed by the High Court is unsustainable and is liable to be set aside. The impugned judgment and order passed by the High Court dated 27.11.2019 in Civil Revision Application No.385 of 2019 allowing the same and setting aside the order passed by the learned trial Court and consequently rejecting the plaint under Order 7 Rule 11 CPC is hereby quashed and set aside - Appeal allowed.
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