SABHA CHAND Vs. NARAYAN SINGH

JUDGEMENT

(1.) :-

(2.) THIS appeal is directed against the order of the Ilnd Addl. District Judge, Muzaffarnagar, dated 5-9-74 setting aside the judgment and decree of the trial court and remanding the suit to the trial court with a direction to return the plaint to the plaintiff-respondent.

(3.) SECTION 331 of the U. P. Zamindari Abolition and Land Reforms Act 1950 lays down that no court other than a court mentioned in Column 4 of Schedule II shall take cognizance of any suit for partition of Bhumidhari land. Entries contained in Schedule II provide that a suit for partition of bhumidhari land is cognizable by Assistant Collector, Ist Class. Since SECTION 331 provides special forum for filing suit for partition of agricultural land civil court has no jurisdiction to entertain such a suit. The question whether a suit is cognizable by a civil court or by a revenue court has often given rise to multiplicity of proceedings and unnecessary litigation which has often resulted into great hardship to the litigant public. Many a times the question of jurisdiction was raised even at the second appellate stage or even under Art. 136 of the Constitution and in some cases it was found that court had no jurisdiction to entertain suit as it happened in Chandrika Misir v. Bhaiyalal, AIR 1973 SC 2391. In order to meet the situation the Legislature intervened and enacted Sec. 331 (1-A) (added by U. P. Act No. 4 of 1969), which lays down that it is not open to a party to raise the question of absence of jurisdiction unless the objection was taken by it in the court of first instance at the earliest possible opportunity or before the settlement of issues. Even if such an objection is raised, the party has further to prove that there has been failure of justice and he suffered on account of the Civil court taking cognizance of the suit. Two conditions must be satisfied before the question of jurisdiction can be raised before an appellate or revisional Court. Firstly, the objection must be taken before the trial court at the earliest stage and secondly, the party must show that there has been failure of justice on account of the suit being tried by the civil court. If either of the two conditions are not fulfilled, it is not open to a party to raise the question of jurisdiction before the appellate court or the revisional court and a decree or order passed by the Civil court shall be valid notwithstanding the provisions contained in SECTION 331 of the Act. Legislature has further provided that an appeal against a decree or order of civil court shall be maintainable before the appellate court in accordance with the provisions of the CPC.