A writ petition under Article 227 challenged the dismissal of an application under Order 7 Rule 11 CPC seeking to stay a suit for declaring a gift deed void on agricultural land. The court held the suit was not barred under the U.P. Revenue Code, 2006, and dismissed the petition.
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Neutral Citation No. - 2023:AHC:168104
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 12335 of 2022
Petitioner :- Yogesh Kumar Shukla And Another Respondent :- Manoj Kumar Shukla Counsel for Petitioner :- Ravikar Pandey Counsel for Respondent :- Manoj Kumar Tiwari,Kavindra Gill
Hon'ble Jayant Banerji,J.
"I. Issue an order or direction and to set-aside the impugned judgment and order dated 05.12.2022 passed by the Revisional Court / Additional District Judge Court No. 1, Bijnor in Civil Revision No. 92/2021 u/s 115 C.P.C. and also set aside the impugned order dated 21.10.2021 passed by the court of Civil Judge (S.D.) Bijnor in O.S. No. 17/2019 (Manoj Kumar Shukla Vs. Shukla and others) and to allow the application i.e. C-56 under Order-7 Rule11 C.P.C. filed by the defendant-petitioners. (Annexure no. 8 and 10 to this petition)."
is not a suit as contemplated under Section 144 of the Code 2006 but it is a suit for declaration declaring a gift deed to be void. It is stated that an additional relief of permanent injunction has been sought.
"(1) Any person claiming to be a bhumidhar or asami of any holding or part thereof, whether exclusively or jointly with any other person, may sue for a declaration of his rights in such holding or part.
(2) In every suit under sub-section (1) instituted by or on behalf of :-
(a) a bhumidhar, the State and the [Gram Panchayat] shall be necessary parties;
(b) an asami, the land-holder shall be a necessary party."
Order Date :- 21.8.2023 K.K.Tiwari
(Jayant Banerji, J.)
Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a suit for declaring a gift deed void regarding agricultural land is barred under Section 144 of the U.P. Revenue Code, 2006.
Whether the High Court is justified in dismissing the writ petition challenging the rejection of an application under Order 7 Rule 11 CPC and the subsequent rejection of the revision.
2 provisions across 2 enactments
Yogesh Kumar Shukla And Another
Manoj Kumar Shukla
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
