Court holds that higher appellate authority cannot dismiss plaintiff’s suit while setting aside remand order; directs Revenue Appellate Authority to decide appeal on merits
In a significant judgment delivered on September 2, 2026, the Rajasthan High Court (Jaipur Bench), presided over by Mr. Anoop Kumar Dhand, J., has quashed the order of the Board of Revenue, Ajmer, which had dismissed a plaintiff’s suit while setting aside an earlier remand order in a revenue matter concerning khatedari rights. The court emphasized that a higher appellate authority lacks jurisdiction to reject the plaintiff’s suit while quashing the remand order and must instead direct the lower appellate court to decide the appeal on its merits.
The case arose from a revenue suit filed by the petitioner, Gopali Devi, for declaration of khatedari rights before the Assistant Collector & Executive Magistrate, Amer. The Assistant Collector decreed the suit on December 27, 2017. Subsequently, two separate appeals were filed before the Revenue Appellate Authority (RAA), Jaipur—one by private respondent no.16, Kunj Bihari, and another by private respondents no.1 to 3, Gyarsi Lal, Gopal, and Phoolchand. The RAA decided these appeals together on April 23, 2018, allowing the appeal of Kunj Bihari fully and dismissing the suit insofar as it related to him. The appeal by respondents no.1 to 3 was partially allowed, and the matter was remanded to the Assistant Collector for fresh adjudication.
Aggrieved by this remand, respondents no.1 to 3 preferred a second appeal before the Board of Revenue under Section 224 of the Rajasthan Tenancy Act, 1955. The Board entertained the appeal, quashed the judgment of the RAA and Assistant Collector, and went further to reject the plaintiff’s suit entirely. This dismissal deprived the petitioner of the statutory right to file a first appeal against the suit’s rejection.
The High Court, upon hearing the writ petition filed by Gopali Devi, underscored the binding precedent set by the Supreme Court in P.E. Prasannakumari & Others v. T.K. Ambujakshi (Dead) through LRs (Civil Appeal No.4357/2024), which was also followed by this Court’s Coordinate Bench in Chunki Devi v. Singari. The Apex Court had held that a higher appellate court, upon finding the order of remand unsustainable, should only quash the remand and direct the lower appellate court to decide the appeal on merits. It cannot reject the plaintiff’s suit in such circumstances, as doing so would deprive the plaintiff of the remedy of the first appeal.
Applying this principle, the Rajasthan High Court found the Board’s rejection of the suit while setting aside the remand order to be legally unsustainable. The Court set aside the impugned judgment dated July 29, 2026, passed by the Board of Revenue and also quashed the RAA’s remand order dated April 23, 2018. The matter was remanded back to the RAA for expeditious disposal of the appeal on its merits.
The Court directed the parties to appear before the RAA on September 22, 2026, and mandated that the appeal be decided preferably within two months, without entertaining unnecessary delays. It clarified that the High Court had not decided the matter on its merits and left the RAA free to adjudicate strictly in accordance with law.
This judgment reinforces the procedural safeguard that plaintiffs are entitled to a first appeal and that higher appellate authorities must ensure appeals are decided on their merits rather than depriving parties of statutory remedies by dismissing suits improperly. The ruling will be significant for litigants in tenancy and revenue disputes, ensuring adherence to due process and appellate rights under the Rajasthan Tenancy Act, 1955.
Bottom Line:
A higher appellate authority cannot dismiss a plaintiff's suit while quashing an order of remand. Instead, it must direct the lower appellate court to adjudicate the appeal on its merits. Dismissing the plaintiff's suit deprives the plaintiff of the statutory right to a first appeal.
Statutory provision(s):
Rajasthan Tenancy Act, 1955 - Sections 222, 224
Gopali Devi v. Gyarsi Lal, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2975843
