Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1956–Secs. 88, 183 & 188–Rejection of plaint by BOR–Justification–Suit for declaration, partition and permanent injunction–BOR passed the impugned order only on the ground that the trial Court did not pass the reasoned and speaking order–It was swayed with the fact that the appeal of father of petitioner is pending, therefore, the suit is not maintainable–Findings are erroneous–Issue is not with respect to the suit becoming infructuous–Held, impugned order of BOR is liable to be set aside.
