RAJINDERPAL SINGH Vs. THAKUR DAWARA KAPOORGARH

JUDGEMENT

(1.) This is a petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 1/12/2022 (Annexure P-1) passed by the Civil Judge (Junior Division), Amloh, District Fatehgarh Sahib, whereby application for the petitioner under Order 7 Rule 11 read with Sec. 151 of the CPC has been dismissed.

(2.) It is submitted by the learned counsel for the petitioner that the respondents have filed a civil suit for declaration and possession qua the land in question claiming the same to be belonging to the religious body. Therefore, the civil suit is not maintainable, as per the provisions of the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 (for short, 'the Act'). The petitioner has filed an application under Order 7 Rule 11 of the CPC for dismissal of the suit on the ground of lack of jurisdiction of the Civil Court. However, that has wrongly been declined by the Court below by saying that the provisions of the Act are not attracted in the present case. Learned counsel has further submitted that the Trial Court, while rejecting the application, has even recorded a finding qua the applicability of the Act, denying the petitioner even the opportunity to raise the issue of jurisdiction at the time of final decision of the suit. Hence, the impugned order deserves to be set aside and the plaint of the respondents deserves to be rejected.

(3.) Notice of motion.