GRAM PANCHAYAT RONIJA, TEHSIL PALWAL Vs. HARI SINGH

JUDGEMENT

(1.) THIS order shall dispose of C.R. Nos. 3290, 3630, 3631, 3632 and 3633 of 2007 , as they involve common question of law.

(2.) THE respondents, herein, filed a suit for declaration, asserting that they were proprietors/biswedars of the Village and consequently, owners in possession of the suit land measuring 232 Kanals situated within the revenue estate of Village Ronija, Tehsil Palwal, Distt. Faridabad. It was also asserted that the suit land was never reserved for common purposes and consequently, the land did not vest in the Gram Panchayat. The respondents also sought a declaration that Mutations No. 179 dated 9.4.1977 and 494 dated 26.5.1992, whereby the land was mutated in the name of the Gram Panchayat was illegal, null and void.

(3.) COUNSEL for the petitioner submits that Order 14 Rule 2 sub-rule 2 (a) specifically provides that where issues both of law and fact arise in the same suit and the Court is of the opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue first if that issue relates to the jurisdiction of the Court or to a bar to the suit created by any law for the time being in force. It is submitted that as the petitioner's prayer for framing of a preliminary issue falls within Clause (a) and (b), the learned trial Court committed an error of jurisdiction in dismissing the application.