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Parties cannot be permitted to take contradictory stands before two different courts/authorities: Supreme Court

The appellant had initially filed original proceedings before the Revenue Authority/Tehsildar under Section 250 of Madhya Pradesh Land Revenue Code (MPLRC) 1959. The respondents had raised the objection against the maintainability of that application and the jurisdiction of the authority.

The Revenue Authority/Tehsildar had accepted the objection and rejected the application of the appellant.

The appellant then moved a suit before the Civil Court. This time, the respondents took a contrary stand in comparison to what was taken before the Revenue Authority/Tehsildar and contended that the Civil Court has no jurisdiction to entertain the suit. An application under Order 7 Rule 11 was moved by the respondents as a part of objection.

However, the Civil Court rejected the application of the respondents. The High Court, in an appeal preferred by the respondents had allowed the objection and had dismissed the suit of the appellant.

Aggrieved, the original plaintiff/ appellant preferred the present appeal.

Source: Barandbench

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