RAMESHWAR Vs. DWARKA PRASAD

JUDGEMENT

(1.) THIS appeal under Order XLIII, rule 1 (u) of the Civil Procedure Code is directed against an order dated 19th January 1967 by the First Additional District Judge, Raipur, remanding a suit under Order XLI, rule 23 of the Code.

(2.) THE short question involved in this appeal is, whether a suit for modification of entries in the village Wajib-ul-urz is barred under section 257 of the M.P. Land Revenue Code (Act No. 20 of 1959). THE question has to be answered in the negative because the jurisdiction of the civil Courts to entertain such a suit is not barred either expressly or by necessary implication.

(3.) THE scheme underlying the Code is clear. While, section 242 (1) (a) casts a duty on the Sub-Divisional Officer to determine the existence of a custom as regards a public right of way and to record it in the village Wajib-ul-arz, it must be borne in mind that the section provides for a summary remedy without in any manner depriving the aggrieved person of a right of suit. On the contrary, the Legislature has been extremely jealous in preserving this right. Any person aggrieved by an entry made in the village Wajib-ul-arz, may, within one year from the date of its publication, institute a suit in a civil Court to have such entry cancelled or modified, under section 242 (3). If the provisions rested there, I would unhesitatingly agree with the learned counsel for the appellants that the making of an entry in the Wajib-ul-arz under section 242 (1) (a) was a condition precedent to the institution of a suit under section 242 (3).