MOHAMMAD SIBAR UDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) :- The present petition under Section 115 read with Section 151, C.P.C. is directed against the order dated 22-12-1988 passed by the learned Asstt. District Judge, Barpeta in Misc. Appeal No.14/88. By the said order, the learned lower appellate court affirmed the order of the learned Munsiff No. 1, Barpeta passed in Title Suit No. 53/ 88.

(2.) The suit was laid by 4 plaintiffs praying for a decree for declaration that they are citizens of India and also for a permanent injunction restraining the defendants from deporting them from India. In the plaint it has been urged that plaintiff No. 1 came to Assam from erstwhile East Pakistan with his father before 1940 and settled in village Uttar Mainabari, Police Station Bagbor, District Barpeta, Plaintiffs Nos. 2, 3 and 4 are sons and daughters of plaintiff No. 1. They were arrested for deporting on 11-2-1979 but somehow they could not be sent back to Bangladesh and thereafter they returned and filed the present suit. By order dated 28-5-88, it was recorded by learned trial court that in the year 1978 plaintiffs were deported from India and they returned from Bangladesh boundary. According to learned trial court, in view of Sections 23 and 24 of the Illegal Migrants (Determination by Tribunals) Act, l983 reading with Section 9, C. P. C. this suit is barred: The plaintiffs were directed to lay their suit before the Tribunal constituted under the above Act.

(3.) The learned lower appellate court after stating the facts and the various decisions affirmed the order of the learned trial court. I quote below the last sentence of the order of the learned lower appellate court:-