JUDGEMENT
VIVEK RUSIA,J. -
(1.)The appellant (hereinafter referred to as 'defendant No.1') has filed the present appeal under Order 43, Rule 1 of C.P.C. being aggrieved by order dated 17.6.2015 passed by learned Additional District Judge, Khachrod, District Ujjain in Civil Appeal No.43-A/2012, whereby the judgment and decree dated 11.9.2012 passed by learned Civil Judge, Class-I, nagda in Civil Suit No.21- A/2009 has been set aside and the suit has been remanded back to the trial Court to decide the same on merits.
(2.)Respondents No.1 to 13 along with 7 others filed the civil suit in representative capacity for declaration and permanent injunction in respect of land bearing various survey numbers. According to the plaintiffs, the suit land is being used for grazing ('Charnoi') and recorded in the name of "Shri Dwarkadhish Mandir Dev Sthan. The defendant No.1 started construction of pond on the said land and the nature of the land cannot be changed under the provisions of Section 234 of M.P. Land Revenue Code (MPLRC). During pendency of the suit, the Collector passed the order under Part 4, Serial No.3, Clause 20(1) of Revenue Book Circular (RBC) dated 19.7.2006, by which, the suit land has been given to defendant No.1 by way of exchange. The plaintiffs by way of amendment also challenged the order dated 9.3.2006 as void and contrary to the provisions of MPLRC.
(3.)Defendant No.1 filed the written statement denying all the plaint averments. The defendant No.1 challenged the maintainability of the suit as the jurisdiction of the District Court is hit by Section 257 of the MPLRC. The learned trial Court framed as many as 11 issues for adjudication. Defendant No.1 filed an application under Order 7, Rule 11 of the C.P.C. seeking rejection of the plaint. By order dated 24.3.2006, learned Civil Court has rejected the said application. Being aggrieved, defendant No.1 filed Civil Revision No.177/2006 before this Court. By order dated 13.12.2006, said revision was disposed of with a direction to defendant No.1 to file written statement raising the ground relating to maintainability of the suit and if such ground is raised, the trial Court shall frame the issues and decide the same.
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