[2025:RJ-JP:11256] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 239/2024 Paratap S/o Shri Lala Ram, Aged About 72 Years, R/o Jethana Police Station Mangaliyawas District Ajmer Rajasthan (Rajasthan) ----Petitioner Versus 1. Ram Chandra S/o Lala Ram, Aged About 75 Years, R/o Village Jethana, Police Station Mangaliyawas District Ajmer 2. Ram Lal S/o Lala Ram, Aged About 72 Years, R/o Village Jethana, Police Station Mangaliyawas District Ajmer 3. Ramgopal S/o Shri Ram Chandra, Aged About 45 Years, R/o Village Jethana, Police Station Mangaliyawas District Ajmer 4. Santok Devi W/o Laxman Singh, R/o Village Jethana, Police Station Mangaliyawas District Ajmer ----Respondents For Petitioner(s) : Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. Ram Singh Gurjar for Mr. Vijay Choudhary HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/03/2025 1. Instant revision petition is preferred by petitioner-defendant No.2 aggrieved from dismissal of application under Order VII Rule 11 CPC on 17.05.2024 in civil suit No. 30/2022 passed by learned Senior Civil Judge, Nasirabad, District Ajmer. 2. Learned counsel for petitioner-defendant submits that admittedly the land in question is an agricultural land and the Civil Court has no jurisdiction to entertain and consider the civil suit [2025:RJ-JP:11256] (2 of 2) [CR-239/2024] filed by plaintiff but he candidly submits that the revision petition be disposed of at this stage with direction to learned Trial Court to frame a preliminary issue and decide the same in accordance with order XIV Rule 2 of CPC. 3. Learned counsel for respondent-plaintiff has no objection for the same. 4. Having considered the submission of learned counsel for the parties, the instant revision petition is disposed of with direction to learned Trial Court to frame issues on the basis of pleadings of the parties and if it finds that the issue relating to jurisdiction of the Court is a legal issue as mandated under order XIV Rule 2 of CPC then decide legal issue as preliminary issue as held by Hon’ble Supreme Court in case of Nusli Neville Wadia vs Ivory Properties AIR 2019 SC 5125. 5. With aforesaid, the instant revision petition stands disposed of with pending application(s), if any. (ASHOK KUMAR JAIN),J MONU /129