Rejection of Plaint -- Dispute Involving Khatedari Rights -- Issue to be referred to Revenue Court, not a ground for rejection of plaint
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Dispute Involving Khatedari Rights -- Where a dispute regarding khatedari rights, which the Revenue Court has jurisdiction to decide, is raised before a civil Court, the proper course is to frame an issue and refer it to the Revenue Court for decision. Rejection of the plaint on the ground of such dispute is improper. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Suit to Be Kept in Abeyance Pending Revenue Court Proceedings -- Where a suit involving khatedari or tenancy rights is pending before the Revenue Court having jurisdiction over such rights, the civil suit is to be kept in abeyance until the Revenue Court suit is decided, rather than the plaint being rejected.
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