SYED INAMUL HAQ SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two revision petitions arise from the same suit and since the decision of S.B. Civil Revision Petition No. 1376/97 may affect the decision of S.B. Civil Revision Petition No. 1409/97, therefore, they were heard together and are being decided together.

(2.) S.B. Civil Revision Petition No. 1376/97 arises out of an order passed by the Additional District Judge No. 5, Jaipur City, Jaipur in Miscellaneous Appeal No. 83/97 on 16-7-1997 rejecting appeal against an order dated 2-7-1997 passed by the Additional Civil Judge (Junior Division) No. 3, Jaipur City, Jaipur in Civil Suit No. 366/97 whereby he had returned the plaint for presentation to proper Court, holding that the jurisdiction of the Civil Court is barred as Section 85 of the Act would also apply to pending suits. S.B. Civil Revision Petition No. 1409/97 arises out of an order passed in the aforesaid suit rejecting an application for marking the document as exhibit.

(3.) It would be appropriate to take up for consideration S.B. Civil Revision Petition No. 1376/97 first. It raises the point as to the jurisdiction of the civil Court to continue to try a suit filed prior to coming into force of the Wakf Act, 1995 (in short 'Act'). Section 85 of which provides that no suit or other legal proceedings shall lie in any civil Court in respect of any dispute, question or other matter relating to any wakf property or other matter which is required, by or under the Act, to be determined by a Tribunal established under the Act.