GRAM PANCHAYAT NALINI Vs. BALWANT KAUR

JUDGEMENT

(1.) This revision petition has been brought from the order of Additional District Judge, Patiala, dated April 27, 1978 whereby the order of the trial Court was reversed and the case remanded to the trial Court for decision on merits.

(2.) The plaintiff-respondents filed a suit against the petitioner-Gram Panchayat for an injunction restraining it from interfering with their possession of the suit land claiming themselves to be its owners. The petitioner-Gram Panchayat resisted the suit and raised a preliminary objection that the jurisdiction of the civil Court is barred by the provisions of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act). This objection was sustained by the trial Court but was over-ruled, on appeal, by the Additional District Judge which necessitated the filing of the present petition.

(3.) The learned counsel for the petitioner relying on New India Insurance Co., Ltd. v. Smt. Shanti Misra, 1976 AIR(SC) 237 contended that by introduction of Section 13, the jurisdiction of the civil Court was taken away to decide as to whether any land was shamilat deh or not and this being a procedural provision would have retrospective operation. Consequently it was claimed that the suit pending was no more triable by the civil Court and the plaint was rightly returned for its presentation to the Court of competent jurisdiction. A close perusal of the Supreme Court decision referred to above would show that with respect to the pending suits no such observation was made in this case. On the contrary, it was specifically laid down that the suits which had been instituted prior to the constitution of the Claims Tribunal remained unaffected and had to be disposed of by civil Courts. It is, therefore, evident that even though the introduction of Section 13 in the Act may have retrospective effect inasmuch as that the suits even qua a cause of action arising prior to the date of the said amendment have to be instituted in the revenue Court, still the suits which had been already instituted prior to its enactment cannot be affected and had to be decided by the civil Court.