VIRINDRA KAPOOR Vs. VIJAY KUMAR SHARMA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the order dtd. 26/2/2018 passed by Additional District Judge '1 (Central) Tis Hazari Court, Delhi in CS No.19994/2016, titled as Vijay Kumar and Anr. vs. Union of India and Ors. ('Trial Court') whereby the Trial Court dismissed an application filed by the Petitioner herein under sec. 151 of Civil Procedure Code, 1908 ('CPC') for dismissal of the plaint on the ground that the civil court has no jurisdiction to entertain the suit under the Enemy Property Act, 1968 as amended by the Enemy Property (Amendment and. Validation) Act, 2017 ('amended Act of 1968").

(2.) Vide impugned order dtd. 26/2/2018 the Trial Court held that the suit was maintainable before the Trial Court as it was instituted prior to the amendment and was therefore, not barred by Sec. 18B of the amended Act of 1968.

(3.) This petition challenging the order dtd. 26/2/2018 was filed on 23/6/2018 and has remained pending before this Court. In the interregnum, the civil suit has been party decreed by the Trial Court vide judgment and decree dtd. 28/3/2018 on the application filed by Respondent Nos. 1 and 2 under Order XII Rule 6 of CPC. It is pertinent to mention that the said judgment has been assailed by Respondent Nos. 3 and 4 herein in a Regular First Appeal i.e., RFA No.234/2019 titled as 'Union of India and Anr v. Vijay Kumar Sharma and Ors'. The issue of lack of jurisdiction of the civil court on the basis of the amended Act of 1968 has been specifically raised at grounds (c), (d), (e) and (f) of the said appeal. The Petitioner herein is also a party in the said regular first appeal.