Section 289 in The United Provinces Tenancy Act, 1939
289. Power to refer question of jurisdiction to High Court or Chief Court
. - (1) Where either a civil or a revenue Court is in doubt whether it is competent to entertain any suit, application or appeal, or whether it should direct the plaintiff, applicant or appellant to file the same in a Court of the other description, the Court may submit the record with a statement of the reasons for its doubt to the High Court.(2)Where any suit, application or appeal, having been rejected either by a civil Court or by a revenue Court on the ground of want of jurisdiction, is subsequently filed in a Court of the other description, the latter Court, if it disagrees with the finding of the former, shall submit the record, with a statement of the reasons for its disagreement to the High Court.(3)In cases falling under sub-section (1) or sub-section (2), if the Court is a revenue Court subordinate to the Collector, no reference shall be made under the foregoing provisions of this section except with the previous sanction of the Collector.(4)On any such reference being made, the High Court may order the Court either to proceed with the case, or to return the plaint, application or appeal for presentation to such other Court as it may declare to be competent to try the same.(5)The order of the High Court shall be final and binding on all Courts, subordinate to it or to the Board.
