Punjab-Haryana High Court
Mohd.Jamil & Ors vs Mohd.Sadiq Alias Kaka & Ors on 5 August, 2009
CR No.5197 of 2004 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No.5197 of 2004 (O&M)
Date of Decision: 5.08.2009
Mohd.Jamil & Ors. ....Petitioners
Vs.
Mohd.Sadiq alias Kaka & Ors. ..Respondents
Coram: Hon'ble Mr. Justice Vinod K.Sharma
Present: Mr.Mohd.Yousaf, Advocate,
for the petitioners.
Mr.Amarjeet Markan, Advocate,
for respondent No.1 to 6.
---
Vinod K.Sharma,J. (Oral)
This revision is directed against the order dated 22.9.2004 passed by learned trial court vide which application moved by the petitioners under Order 7 Rule 11 of the Code of Civil Procedure (for short the Code) for rejection of the plaint has been ordered to be dismissed.
Plaintiff/respondents filed a suit for permanent injunction against the defendants on the pleadings that the land in dispute was gifted CR No.5197 of 2004 2 by Nawab, Khatikan Biradri. Suit was decreed.
In appeal learned lower appellate court set aside the judgment and decree and remanded back the case for fresh decision after making general public party and by inviting objections. The petitioners herein thereafter moved an application for contesting the case. When the case was fixed for arguments an application under Order 7 Rule 11 of the Code was moved by the petitioners for rejection of the plaint on the ground that the jurisdiction of the civil court was barred under section 85 of the Wakf Act, 1995.
Learned trial court dismissed the application. Learned counsel for the petitioners contends that as the petitioners were impleaded as party after constitution of Tribunal the suit was to be dismissed for want of jurisdiction.
This plea of the learned counsel for the petitioners cannot be accepted, as it is the date of institution of the suit which would decide whether the civil court had the jurisdiction or not, in view of the provisions of Section 7 Clause 5 of the Waqf Act, 1995, which reads as under:-
"(5) The Tribunal shall not have jurisdiction to determine any matter which is the subject matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of Section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, CR No.5197 of 2004 3 proceeding or appeal,as the case may be."
Jurisdiction of civil court in pending suit is protected by the statute itself.
No ground is, therefore, made out to interfere with the order passed by the learned trial court.
No merit.
Dismissed.
(Vinod K.Sharma) 5.08.2009 Judge rp