[2025:RJ-JP:11271] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 84/2021 1. Kishan Chand S/o Shri Kailash Chand, Aged About 65 Years, R/o Village Machadi Tehsil Reni District Alwar (Raj.). 2. Girish Chand S/o Shri Kailash Chand, Aged About 62 Years, R/o Village Machadi Tehsil Reni District Alwar (Raj.). 3. Subhash Chand S/o Shri Kailash Chand, Aged About 52 Years, R/o Village Machadi Tehsil Reni District Alwar (Raj.). 4. Rajendra Kumar Saini S/o Shri Moti Lal Saini, Aged About 33 Years, R/o Village Machadi Tehsil Reni District Alwar (Raj.). 5. Anand Singh Rajput S/o Shri Ranjeet Singh Rajput, Aged About 56 Years, R/o Village Machadi Tehsil Reni District Alwar (Raj.). ----Petitioners (defendants) Versus 1. Mandir Murati Barai Mata, Through Pujari Devisahay, Rajkumar (Since Deceased) Sons Shri Chhajuram, R/o Village Machadi Tehsil Reni District Alwar (Raj.) 1/1 Anjana Devi W/o Late Rajkumar @ Rajesh Kumar, Aged About 50 Years, R/o Village Machadi Tehsil Reni District Alwar. 1/2 Jay Prakash Sharma S/o Late Rajkumar @ Rajesh Kumar, Aged About 27 Years, R/o Village Machadi Tehsil Reni District Alwar. 1/3 Chandan Sharma S/o Late Rajkumar @ Rajesh Kumar, Aged About 25 Years, R/o Village Machadi Tehsil Reni District Alwar. 1/4 Karishma Sharma D/o Late Rajkumar @ Rajesh Kumar, Aged About 23 Years, R/o Village Machadi Tehsil Reni District Alwar. 1/5 Radha Sharma D/o Late Rajkumar @ Rajesh Kumar, Aged About 21 Years, R/o Village Machadi Tehsil Reni District Alwar. 1/6 Himanshu Sharma S/o Late Rajkumar @ Rajesh Kumar, [2025:RJ-JP:11271] (2 of 3) [CR-84/2021] Aged About 19 Years, R/o Village Machadi Tehsil Reni District Alwar. ----Respondents For Petitioner(s) : Mr. Jai Prakash Gupta Mr. Yashowardhan Agrawal For Respondent(s) : Mr. Aatish Jain Mr. Rakesh Kumar Bairwa HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/03/2025 1. Instant revision petition is preferred after dismissal of application under Order VII Rule 11 of CPC on 28.01.2020 in civil suit no. 17/2019 passed by learned Additional District Judge, Rajgarh, District Alwar. 2. Learned counsel for petitioners while placing reliance upon judgment in case of Pyare Lal Vs. Shubhendra Pilania (minor) Through Natural Guardian and Ors. (2019) 3 SCC 692, submits that the plaintiff is not a recorded tenant and without declaration of tenancy in his favour, a suit filed by plaintiff is not maintainable and same is barred by law under Section 207 read with Section 256 of Rajasthan Tenancy Act. 3. During course of arguments, learned counsel for petitioner defendant has suggested that the instant revision petition be disposed of at this stage with direction to learned trial court to frame a specific issue on grounds as raised by the petitioners and if a purely legal issue is framed then as per Order XIV Rule 2 of CPC same may be decided as preliminary issue. 4. Learned counsel for respondent(s) has no objection. [2025:RJ-JP:11271] (3 of 3) [CR-84/2021] 5. Having considered the aforesaid, the revision petition is disposed of after maintaining the order dated 28.01.2020, with direction to the trial court to frame issue on the basis of pleadings of the parties and if any objection(s) about maintainability of civil suit and also jurisdiction of civil court is raised and it is found to be preliminary issue then same may be decided as preliminary issue, as provided under Order XIV Rule 2 of CPC and also considered by Hon’ble Supreme Court in case of Nusli Neville Wadia vs Ivory Properties AIR 2019 SC 5125. 6. In view of aforesaid, the revision petition is hereby disposed of. 7. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /116