18 May 2020


Judgments

Supreme Court

Meg Raj (Dead) thr. L.Rs. and Ors. Vs. Manphool (Dead) thr. L.Rs. and Ors.

MANU/SC/0380/2019

15.03.2019

Civil

Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred

In facts of present case, the dispute relates to 4/5th share in the suit land. The suit land was subjected to ceiling proceedings under the Haryana Ceiling on Land Holdings Act, 1972 wherein the Prescribed Authority had passed an order dated 17th October, 1978 in relation to the suit land. This led to filing of two civil suits by two sets of persons claiming interest in the suit land. Plaintiffs sought a declaration that, the order dated 17th October, 1978 passed by the Prescribed Authority under the Act is null and void. The Trial Court, by judgment/decree dismissed the suit as being barred.

By a common impugned order, the High Court dismissed suits giving rise to filing of present appeals by special leave by the Plaintiffs of both the civil suits. The short question involved in the present appeals is whether the High Court was justified in dismissing R.S.A. No. 40/1984 and allowing R.S.A. No. 2712/1987.

The High Court was justified in holding that both the civil suits were barred and thus were not triable by the Civil Court in the light of express bar contained in Section 26 of the Act. Mere perusal of the plaint in both the civil suits would go to show that, the Plaintiffs (Appellants) had challenged therein the legality of the order dated 17th October, 1978 passed by the Prescribed Authority under the Act and prayed that the order dated 17th October, 2018 be declared null and void.

Section 9 of the Code of Civil Procedure, 1908 provides that, the Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Section 26 (b) of the Act clearly bars filing of civil suit to examine the legality of the order passed by the Prescribed Authority under the Act. The Civil Court's jurisdiction is expressly taken away by Section 26(b) of the Act from examining the legality of orders passed under the Act. The remedy of the Plaintiffs in such case lies in filing appeal/revision under Section 18 of the Act against the order of the Prescribed Authority. The High Court was justified in dismissing the Appellants' suits as being barred by virtue of the bar contained in Section 26 of the Act. The appeals are, therefore, dismissed.

Tags : Suit Maintainability Jurisdiction

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