Del. HC Stresses Mandatory Legal Assistance to Preserve Fairness and Integrity of Criminal Trials  ||  Supreme Court: Delhi High Court Ruling upheld on Taekwondo National Sports Federation Recognition  ||  SC: Blockchain-Based Digitisation of Land Records Necessary to Reduce Property Document Litigation  ||  Supreme Court to NCLT : Limit Power to Decide Intellectual Property Title Disputes under IBC  ||  Bombay HC: Railway Employee With Valid Privilege Pass is Bona Fide Passenger Despite Missing Entries  ||  Delhi High Court: Mere Pleadings Made To Prosecute or Defend a Case Do Not Amount To Defamation  ||  Delhi High Court: Asking an Accused To Cross-Examine a Witness Without Legal Aid Vitiates The Trial  ||  Delhi High Court: Recruitment Notice Error Creates No Appointment Right Without Vacancy  ||  Supreme Court: Subordinate Legislation Takes Effect Only From its Publication in The Official Gazette  ||  Supreme Court: DDA Must Adopt a Litigation Policy To Screen Cases and Avoid Unnecessary Filings    

Meg Raj (Dead) thr. L.Rs. and Ors. Vs. Manphool (Dead) thr. L.Rs. and Ors. - (Supreme Court) (15 Mar 2019)

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

MANU/SC/0380/2019

Civil

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  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved