URMILA SINGH Vs. NAGAR PALIKA PARISHAD CHARKHARI

JUDGEMENT

(1.) At the very outset, learned counsel for the petitioners prays for and is granted leave during the course of the day to amend the prayer clause of the writ petition to include issue no.4 also in the prayer no.1.

(2.) This petition has been filed praying for a direction to be issued to the Civil Judge (Junior Division), Charkhari, District Mahoba to decide issue nos.3, 4 and 6 as preliminary issues framed by the court in Original Suit No.47 of 2018: Nagar Palika Parishad Charkhari Vs. Smt. Urmila Singh and others, within a specific period or to set aside the proceedings of original suit having been barred by Article 363 of the Constitution of India.

(3.) It has been submitted by learned counsel for the petitioners that petitioner nos.1 to 3 are the legal heirs and representatives of Late Jayant Singh Judev, one of the three sons of Maharaja Jayendra Singh Judev, the Raja of Charkhari. Before the Constitution came into being, Maharaja Jayendra Singh Judev had an agreement with the Government of Dominion of India with regard to the properties situated in Charkhari which was the Princely State before its merger in the Indian Union. Under Article 363 of the Constitution of India, no court shall have jurisdiction in any dispute arising out of any provision of a treaty or agreement or other similar instrument which was entered into before the commencement of the Constitution by any Ruler of an Indian State to which the Government of Dominion was a party or in any dispute in respect of any right accruing under or any liability or obligation arising out of such treaty or agreement or other similar instrument.