9911796707
TMI Blog2022 (3) TMI 1579X X X X Extracts X X X X X X X X Extracts X X X X ..... dents herein - original defendants and consequently allowed the said application under Order 7 Rule 11 CPC and has rejected the plaint on the ground that the suit would be barred under the provisions of Section 257 of M.P. Land Revenue Code, 1959 (hereinafter referred to as the 'MPLRC'), the original plaintiff has preferred the present appeal. 2. The facts leading to the present appeals in nutshell are as under: 2.1 That the appellant herein - original plaintiff initially filed the original proceedings before the Revenue Authority/Tehsildar under Section 250 of MPLRC. The respondents herein original defendants raised the objection against the maintainability of the application under Section 250 of the MPLRC and the jurisdiction of the Rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the revision application the appeal filed by the plaintiff rejecting application under Section 250 of the MPLRC came to be dismissed which was not pointed out at the time of final hearing of the revision application by the High Court, the appellant herein filed a review application before the High Court. The said review application has been dismissed. 2.4 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in Civil Revision Application No.385 of 2019 and also the order passed in Review Petition No.725 of 2020, the original plaintiff has preferred the present appeals. 3. We have heard learned counsel for the respective parties at length. 4. At the outset, it is required to be noted and it is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue Authority would have no jurisdiction came to be accepted by the Revenue Authority/Tehsildar and the proceedings under Section 250 of the MPLRC came to be dismissed and thereafter when the plaintiff instituted a suit before the Civil Court it was not open for the respondents - original defendants thereafter to take an objection that the suit before the Civil Court would also be barred in view of Section 257 of the MPLRC. If the submission on behalf of the respondents - defendants is accepted in that case the original plaintiff would be remediless. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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