STATE OF M.P. Vs. MAGANLAL JAIN

JUDGEMENT

(1.) STATE has filed this Civil Revision under section 115 of the Code of Civil Procedure, against the order passed by the Executing Court in Execution proceedings of a decree passed in Civil Suit No. 16 -8 of 1992,decided on 24.2.1993 by Additional District Judge, Mungaoli, district Guna.

(2.) PLAINTIFF , decree -holder, was holding a civil post, who instituted a suit on 5.4.1991 for recovery of a medical claim of Rs. 36,650.25 paise for the expenses incurred in his bye -pass surgery at Appollo Hospital, Madras. After service of summons, the State did not represent and chose to remain ex parte. An exparte decree was passed which was put to execution wherein an objection was raised by the State that in view of section 28 of Law Administrative Tribunals Act, 1985, for short, the 'Act that as the State Administrative Tribunal, for short 'SAT' was constituted since 8.11.1991 in the State of Madhya Pradesh, therefore, the suit was not cognizable by the civil Court because of the exclusion of the jurisdiction. Even if the suit was filed, the Court ought to have transferred the suit to Tribunal as provided by section 29 of the Act. Therefore, the ex -parte decree passed is without jurisdiction and is a nullity which cannot be executed. Executing Court rejected the objection, hence, this revision.

(3.) TO deal with the the question relised, it will be appropriate to refer to section 28 and 29 of the Act which read thus: