UNION OF INDIA Vs. MADAN LAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by learned Additional District Judge, Una in Civil Appeal No. 166/94 (93), dated 23.5.1994, whereby the appeal of the present appellants was dismissed and as a consequence of it, the judgment and decree passed by learned Sub -Judge, 1st Class, Court No. 2, Una in Civil Suit No. 582/83 RBT No. 299/1988, dated 26.12.1992, has been upheld.

(2.) This appeal was admitted on 15.7.1997. However, substantial question(s) of law were not framed on which it was admitted. This case further came up for consideration before this Court and the following order was passed on 24.9.2002: - "This appeal was admitted on 15.7.1997 without specifically mentioning as to on what substantial questions of law it has been admitted. After going through the file of this appeal, it is felt that questions of law Nos. 1 and 2 at page -6 of the paper book are the substantial questions of law which need to be gone into in this appeal. In this behalf, learned Counsel for the parties stated that since these are purely questions of law, as such, they do not want the appeal to be adjourned. They further stated that the matter may be heard on these questions and decided in accordance with law. In view of the aforesaid stand taken by learned Counsel for the parties, the appeal is not admitted and it as been finally heard. Judgment reserved." In terms of the above order, this appeal was heard on the following two substantial questions of law: -

(2.) Whether the Civil Court has no jurisdiction to entertain and try the suit in view of the bar created by Section 46 of the Evacuee Property Act -