Jesa Ram @ Jai Singh vs Gordhan Ram (2026:Rj-Jd:12453) on 16 March, 2026

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    Rajasthan High Court – Jodhpur

    Jesa Ram @ Jai Singh vs Gordhan Ram (2026:Rj-Jd:12453) on 16 March, 2026

    Author: Rekha Borana

    Bench: Rekha Borana

    [2026:RJ-JD:12453]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
                         S.B. Civil First Appeal No. 219/2026
    
    Jesa Ram @ Jai Singh S/o Shri Babuji, Aged About 44 Years,
    (Adopted) Resident Of Morsim, Tehsil Bagoda, District Jalore
                                                                            ----Appellant
                                            Versus
    1.       Gordhan Ram S/o Shri Prema Ram Vishnoi, Resident Of
             Hapu Ki Dhani, Tehsil Bagoda, District Jalore.
    2.       Vishnu Prakash S/o Shri Gordhan Ram Vishnoi, Resident
             Of Hapu Ki Dhani, Tehsil Bagoda, District Jalore
    3.       Omkar Singh S/o Shri Himmat Singh, Resident Of
             Morsim,tehsil Bagoda, District Jalore
    4.       State Of Rajasthan, Through Sub-Registrar, Bagoda,
             Tehsil Bagoda, District Jalore
                                                                         ----Respondents
    
    
    For Appellant(s)              :     Mr. Narendra Thanvi
    For Respondent(s)             :     Mr. Divaker Sharma
    
    
    
                  HON'BLE MS. JUSTICE REKHA BORANA

    Order

    16/03/2026

    SPONSORED

    1. The present regular first appeal has been filed against order

    dated 11.02.2026 passed by Additional District Judge, Bhinmal,

    District Jalore (hereinafter referred as ‘the Trial Court’) in Civil

    Original Suit No.04/2022 whereby application under Order 7 Rule

    11, CPC as filed on behalf of defendant Nos.1 to 3 stood allowed.

    As a consequence, the suit for cancellation of sale deed as filed by

    the plaintiff, stood dismissed.

    2. Vide order dated 11.02.2026, the learned Trial Court

    proceeded on to hold that the suit in question for cancellation of

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    sale deed was not maintainable before a Civil Court without the

    plaintiff having got a declaration in his favour by a Revenue Court.

    3. The Court observed that the plaintiff was not a recorded

    ‘Khatedar’ of the land in question and hence, he was under an

    obligation to get his rights in the agricultural land in question

    declared by a Competent Court and then only he could have filed

    the suit for cancellation of sale deed.

    4. Counsel for the appellant submits that the suit in question

    was for cancellation of sale deed on the ground of fraud. It was

    the specific case of the plaintiff that the alleged Power of Attorney

    on the strength of which defendant No.1 sold out the property in

    question to two purchasers, was a forged one.

    5. Counsel submits that defendant No.1 Gordhan Ram was in

    fact the lawyer of the plaintiff and he misused his authority and

    fraudulently got the power of attorney prepared in his favour and

    proceeded on to execute two sale deeds in favour of one Laxman

    Singh and his own son, Vishnu Prakash.

    6. Counsel submits that it is the settled position of law that

    when a sale deed is prayed to be cancelled on the ground of fraud,

    it is only the Civil Court which has the jurisdiction to entertain the

    same.

    7. In support of his submission, counsel relied upon a Co-

    ordinate Bench judgment of this Court in Hasti Cement Pvt.

    Ltd., Jodhpur & Anr. vs. Sandeep Charan & Ors.; 2018 (2)

    DNJ (Raj.) 421.

    8. Counsel submits that subsequent to passing of the order

    impugned, despite the present appeal been pending before this

    Court and the respondent having entered into caveat, the property

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    in question was further sold out by Vishnu Prakash vide sale deed

    dated 13.02.2026 in favour of Smt. Ashok Kanwar and Smt.

    Shrawan Kanwar. An application for impleadment of the said

    subsequent purchasers has also been filed.

    9. However, at this stage, counsel does not press the said

    application. The same is hence, dismissed as not pressed.

    10. Needless to observe that the appellant shall be at liberty to

    take appropriate action qua the subsequent purchasers.

    11. Per contra Counsel for the respondents, while relying upon

    the Hon’ble Apex Court judgment in Raj Narain Sarin vs. Laxmi

    Devi; (2002) 10 SCC 501 and the judgment of a Co-ordinate

    Bench of this Court at Jaipur Bench in Jagan Singh vs. Chotey

    Lal; 1973 RLW 674 submitted that the suit in question was

    clearly barred by limitation and further the plaintiff failed to

    disclose any cause of action. Therefore, the learned Trial Court

    rightly allowed the application under Order 7 Rule 11, CPC.

    12. Heard the counsels. Perused the Record.

    13. So far as the ground raised by counsel for the respondents to

    the effect that the suit was barred by limitation and further that

    the plaintiff did not disclose any cause of action is concerned,

    evidently, the same were not the grounds raised by the

    defendants in application under Order 7 Rule 11, CPC.

    14. The only ground raised in the application was that the Civil

    Court does not have the jurisdiction to entertain the suit.

    Therefore, the judgments as relied upon by counsel for the

    respondents are of no avail, those being on points of law which

    are not even in issue in the present matter.

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    15. Before proceeding on to adjudicate the issue whether the

    suit in question was maintainable before a Civil Court or not, this

    Court is constrained at this stage itself to observe that the learned

    Trial Court erroneously recorded findings in the order impugned on

    basis of the defence as raised by the defendants and the

    documents as relied upon by them. The same definitely could not

    have been done by the learned Trial Court while deciding an

    application under Order VII Rule 11, CPC. It is the basic principle

    of law that while deciding an application under Order VII Rule 11,

    CPC, the Court is required to consider only the avements made in

    the plaint and the defence as raised by the defendants or the

    documents as relied upon by the defendants cannot be taken into

    consideration at that stage. By all means, the said documents or

    the pleas raised by the defendants cannot be a ground to reject

    the plaint. It is the basic principle of law which all the Civil Courts

    are expected to be aware of. The learned Trial Court clearly

    exceeded in its jurisdiction in recording the findings on basis of the

    documents relied upon by the defendants. It is crystal clear that

    the learned Trial Court has just ignored the basic principle of law

    and proceeded on to decide the application under Order VII Rule

    11, CPC as if it was deciding the suit itself. The same is not in

    terms of the excepted norms and is in clear excess of jurisdiction.

    16. Coming on to the issue involved, it is an admitted fact that

    the suit for cancellation of sale deed was preferred by the plaintiff

    alleging fraud by defendant Nos.1 to 3.

    17. As held by a Co-ordinate Bench of this Court in Hasti

    Cement Pvt. Ltd. (supra), in those matters wherein the

    document is a voidable one and the cancellation of sale is prayed

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    for, relief of cancellation of such voidable document can only be

    granted by a Civil Court irrespective of the fact that the document

    pertains to an agricultural land. Therein, the suit would not be

    barred under Section 207 of the Tenancy Act, 1955.

    18. Applying the above ratio to the present matter, admittedly

    the document prayed to be cancelled herein, is a voidable one

    alleging fraud and hence, it is only the Civil Court which would

    have the jurisdiction to adjudicate the same. Order impugned

    dated 11.02.2026 being contrary to the settled position of law

    deserves to be and is hereby quashed and set aside. The present

    first appeal stands allowed.

    19. All the parties are directed to remain present in person or

    through their counsel before the learned Trial Court on

    15.04.2026. The learned Trial Court shall not be required to issue

    any fresh notices to the defendants and shall be under an

    obligation to proceed further with the suit proceedings in

    accordance with law.

    20. Stay petition and pending applications, if any, stand

    disposed of.

    (REKHA BORANA),J
    45-KashishS/-

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