Judgment · High Court

This revision petition by the defendants in Title Suit No. 9/2012, pending in th e court of the learned Civil Judge, at Dibrugarh, is directed against the order dated 19.12.2012 rejecting the application filed by the defendants for rejection of the plaint under Order 7 Rule 11 CPC. I have heard Mr. Choudhury, learned counsel for the petitioners as well as Mr. Upadhyay, learned counsel for the respondents. Referring to sub rule 2 of Section 133 of Cr.P.C. and also the s econd prayer made in the plaint it has been contended by the learned counsel for the petitioners that since the order passed by the learned Executive Magistrate in exercise of the jurisdiction under Section 133 Cr.P.C. cannot be put to chal lenge in civil court, the plaint filed by the respondents/plaintiffs ought to ha ve been rejected by the learned Civil Judge, there being the prayer for declarat ion that the order passed by the learned Executive Magistrate under Section 133 Cr.P.C. is void and illegal. The learned counsel for the respondents/plaintiffs on the other hand has submitted that apart from the prayer for declaration that the order pas sed by the Executive Magistrate under Section 133 Cr.P.C. is void and illegal, t he plaintiff has also prayed for declaration of his right, title and interest by right of purchase apart from permanent injunction and hence the plaint filed by the respondents/plaintiffs cannot be rejected under Order 7 Rule 11 of the CPC. I have considered the submission advanced by the learned counsel for the parties and also perused the evidence adduced by the parties. It appears that the plaintiffs apart from praying for a decree d eclaring the order passed by the learned Executive Magistrate in the proceeding is void and illegal, have also prayed for a decree declaring their right, title and interest as well as for permanent injunction. As one of the prayer in the pl aint is for setting aside the order passed under Section 133 Cr.P.C. the whole p laint cannot be rejected. The court below, however, has to go into the question as to whether the prayer No. 2 relating to passing a decree declaring the order passed under Section 133 Cr.P.C. is void and illegal can be granted in view of t he provision contained under sub section 2 of Section 133 Cr.P.C. In view of the above, I do not find any ground to interfere with the order passed by the learned Civil Judge. The revision petition stands dismissed. No cost.