AMARJEET SINGH Vs. BHAGWAN KAUR

JUDGEMENT

(1.) THIS petition in revision arises out, of a suit for possession and cancellation of certain sale deeds relating to agricultural lands. The defendants contested the suit on the ground inter, alia that the suit was not triable by the civil court but was triable by the revenue court. One of the issue framed by the trial court reads as under: Whether the suit is not triable by the civil court but is triable by the revenue court. The Additional District Judge, Sri Ganganagar, in whose court the suit is pending, decided the about issue in favour of the plaintiffs on 19 -5 -71, but subsequently on 18 -4 -72 an application was moved on behalf of the defendant under Order 47 Rule 1 and Section 151, C.P.C. for reviewing the aforesaid order dated 19 -5 -71. The learned Additional District Judge allowed this application and recalled his earlier order dated 19 -5 -71 and held that the civil court has no jurisdiction to try the suit. It against this order that this revision petition has preferred by the plaintiff.

(2.) THE learned Additional District Judge has found on the basis of certain authorities, which are mentioned in the impugned judgment the suit was triable by a revenue court. The learned Additional District Judge further found that the provisions of Order 47 Rule I, C.P.C., were not applicable to this case. He further came to the conclusion that the court was competent to recall the order or reverse the finding under Section 151, C.P.C. Reliance was placed on the following decisions: Jagir Singh v. Settlement Comr. ; Konathala Sriramula and Ors. v. Board of Revenue : AIR1965AP395 ; Union of India v. D. Poraju : AIR1963Ori126 ; Ry. Rajaram Raja Sahab and Ors. v. T.R. Bhavani Sankar Joshi and Ors. AIR 1939 Mad. 193.

(3.) THE revision petition is allowed and the impugned order is set aside. Having regard to the circumstances of the ease the parties are left to bear their own costs in this Court.