Petitioner filed Civil Revision challenging dismissal of an appeal wherein trial court dismissed suit for lack of jurisdiction at Ferozepur under Section 17 CPC. High Court dismissed revision.
Civil Revision No.3319 of 1996 (O&M) dismissed.
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Civil Revision No.3319 of 1996 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.3319 of 1996 (O&M) Date of decision: 01.12.2012
Sarvinder Singh
……Petitioner
Versus
Munshi Ram and others
…….Respondents
CORAM : HON’BLE MR. JUSTICE A.N. JINDAL
Present: Mr. J.L. Malhotra, Advocate, for the petitioner.
A.N. Jindal, J.
The trial Court, vide judgment dated 20.05.1993, while observing that the Civil Court at Ferozepur, had no territorial jurisdiction to entertain the suit filed by the plaintiff-petitioner (hereinafter referred as ‘the petitioner’) returned the plaint for filing the same before the appropriate Court. The appeal filed by the petitioner was also dismissed on 12.03.1996. As such, the present petition.
While dismissing the appeal, the first Appellate Court had elaborately discussed Section 17 of the CPC and passed the following order:-
“8. Section 17 of the Civil Procedure Code, which is the relevant one for determining as to which court in respect of immovable property can have the jurisdiction to try the suit reads as follows:-
“Where a suit is to obtain relief respecting or compensation for wrong, to, immovable property situated within the jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any portion of the property is situated.”
The record reveals that the property in dispute, is situated within the local limits of Civil Court at Fazilka, therefore, by virtue of the provisions of
Civil Revision No.3319 of 1996 (O&M) 2
Section 17 of Code of Civil Procedure, referred to above, only the Civil Court at Fazilka has got territorial jurisdiction to try the present suit.
Now the question is as to whether the order of Hon’ble Supreme Court passed in Civil Apeal No.925 of 1981, copy of which is available on the record, comes to rescue of the appellant or not. The relevant extract of said order which is dated 26.11.1991 is as follows:
“The matter shall now go back to the Sub Judge Court IVth Class, Ferozepur of the successor Court to which the District of the Ferozepur District may assign the suit. Sarvinder Singh shall implead the appellants as defendants in the suit. The parties may raise all contentions that are open to them under law and the Court may dispose of the suit on merits and in accordance with law.”
The aforesaid order passed by the Hon'ble Apex Court reveals that the parties were allowed to raise all contentions that are open to them under the law and the Court was directed to decide the suit. The question as to whether the Civil Court at Ferozepur has no jurisdiction to entertain the suit was certainly one which under law the respondents in view of the order of the Supreme Court, could raise, and the trial Court was competent to dispose of the same in accordance with law. ”
Thus, both the Courts appear to have taken right view of the
matter while deciding the issue of jurisdiction.
No grounds to interfere.
Dismissed.
01.12.2012 ajp
(A.N.Jindal) Judge
2 issues framed by the court
Whether the Civil Court at Ferozepur has territorial jurisdiction to entertain the suit.
Whether the order of the Supreme Court in Civil Appeal No.925 of 1981 rescues the appellant from the dismissal of their appeal.
Colour shows how this judgement treated each authority
Civil Appeal No.925 of 1981Referred¶22
1 provisions across 1 enactments
Sarvinder Singh
Munshi Ram and others
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
