AJMER KAUR Vs. PUNJAB STATE

JUDGEMENT

(1.) This order will dispose of Civil Revisions Nos. 1989 and 1990 of 1989. The facts for the purpose of this order are taken from Civil Revision No. 1990 of 1989.

(2.) The petitioners through the present revision petition have challenged the order dated 8-2-1988 passed by Sub Judge Ist Class, Muktsar who while holding that the said Court has got no jurisdiction to entertain and try the suit dismissed the application under Order 39 Rules 1 and 2 CPC filed by the plaintiffs-petitioners and the orders of the Lower Appellate Court dated 9-6-1989 wherein it is held that no appeal lies against the orders of Trial Court returning the plaint.

(3.) The admitted facts of the case are that the plaintiffs-petitioners preferred a suit before the Trial Court challenging the order dated 23-4-1987 passed by respondent No. 2 i.e. Superintending Canal Officer, Ferozpur Canal Circle, Ferozpur Cantt. under the Northern India Canal and Drainage Act 1873. Along with the suit an application under Order 39 Rules 1 and 2 read with section 151 CPC and application under Section 80(2) CPC were also filed. The Trial Court granted permission to the plaintiffs-petitioners to file the suit without serving advance notice under Section 80 CPC and also granted ad interim injunction. However, after filing of the written statement by the Defendants/Respondents 3 and 4 the pleas of jurisdiction, dismissal of writ petition by this Court on 17-8-1987 filed by plaintiff-petitioners against the order impugned before the Trial Court etc. etc. were taken.