BALDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal was admitted to Division Bench by the learned Motion Judge, who took the view that the decision in Mohd. Saddiq Barry v. Mohd. Ashfaq, (1953) 55 Pun LR 448 did not appear to lay down the correct law and required reconsideration and that is how this appeal is before us.

(2.) In Mohd. Saddiq Barry's case (supra), Harnam Singh, J. (as he then was) took the view that where one of the questions, requiring determination in the suit along with other questions, is as to whether the property or any interest therein is an evacuee, then instead of dismissing the suit on the ground of lack of jurisdiction, the civil court must refer the question as to whether the property in dispute or any interest therein is an evacuee to the Custodian for determination and stay further proceedings in the suit and resume the hearing after the referred question has been finally determined by the statutory authorities in question.

(3.) A Division Bench in Puran Singh v. East Punjab State, AIR 1961 Punjab 48 following the ratio of this judgement has also taken the same view.