HARBANG SINGH Vs. INDER SINGH

JUDGEMENT

(1.) THIS is a revision against an appellate decision of the Additional Commissioner Bikaner, dated 6. 4. 1955 in a case relating to a right of way to one's field through that of another.

(2.) WE have heard the learned counsel appearing for the parties and have examined the record as well. One of the contentions raised on behalf of the applicant was that the Collector had no jurisdiction to hear first appeal against the decision of the Assistant Collector, and as such the Commissioner was incompetent to hear the second appeal which lay before him. Much need not be said on the point. It has been held by a Full Bench of the Board in Thakur Raj vs. Shiva Narain, case No. 63, Jaipur, Svt. 2009, reported in 1 - Rajasthan Revenue Decision - 1954, "that where there is a total want of jurisdiction no amount of consent can confer jurisdiction upon a court, but where there is a mere irregularity in the exercise of the jurisdiction conferred upon a court by law consent or waiver would validate the proceedings. In the present case it is significant to observe that the applicant himself filed the appeal before the lower appellate court and he cannot be allowed to challenged the jurisdiction of that court to hear that appeal after seeing that the verdict has gone against him.