ROSHAN LAL Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THE suit of the appellant for issuance of an injunction restraining the defendant-Municipal Committee from recovering the amount demanded as arrears of house tax with respect to the property and the years detailed in the plaint was dismissed by the Courts below mainly on the ground that the Civil Court had no jurisdiction to entertain the suit. Even on merits, the plaintiff-appellant was held liable to pay the aforesaid amount to the respondent-Committee. It has been now argued that the Courts below were not justified in holding that the Civil Court had no jurisdiction to entertain the suit and grant the relief.

(2.) SECTION 9 of the Code of Civil Procedure, 1908 provides that the Court shall have the jurisdiction to try all suits of a civil nature excepting suits of which cognizance is either expressly or impliedly barred. The question of jurisdiction of a Court to try the suit has nothing to do with the plaintiff's right to sue. The limitation imposed upon the Civil Court may be territorial or pecuniary or may refer to the subject matter of litigation or the nature of the litigation or the class or rank to which the dispute refers. The distinction between the absence of jurisdiction and error in exercise of it is to be properly understood and interpreted. The exclusion of the jurisdiction can be specific or be assumed by a strong implication. The legislature has the power to bar the jurisdiction of the Civil Court with respect to a particular class of cases of a civil nature provided that in doing so the legislature keeps itself within the field of legislation confined to its charge and does not contravene any provision of the Constitution.

(3.) IT is true that despite the exclusion of jurisdiction the Civil Court would be entitled to entertain a suit and decide the lis if it is urged that the power under the special statute has been exercised in contravention with the provisions of law or by a person not authorised under the law to decide the same or that the question to be determined was beyond the scope of the enactment. The Civil Court may also be justified to entertain the suit if it is proved that the authority exercising the power has exceeded the powers conferred upon it under a special statute.