RAJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE plaintiffs are in second appeal against the judgment and decree of both the Courts below whereby their suit for permanent injunction has been dismissed.

(2.) THE plaintiffs have been non-suited by the learned Appellate Court on the ground that the Civil Court has got no jurisdiction to entertain the suit in view of Sections 24 and 25 of the Haryana Canal and Drainage Act, 1974 (hereinafter referred to as 'the Act').

(3.) THE question thus arises that if the plaintiffs had taken recourse to the remedy of appeal under Section 24 (4) of the Act, which provides that the order passed by the Divisional Canal Officer in appeal shall be final and Section 25 of the Act, provides that the Civil Courts shall have no jurisdiction to entertain or decide any question relating to matters falling under Sections 17 to 24, still the suit could be filed before the Civil Court.