SHIV NARAIN MISHRA Vs. SANICHAR SINGH

JUDGEMENT

(1.) IN this writ application the petitioners have prayed to hold the order dated 18.5.2004 bad in law. By the impugned order, the learned Court below has held that he has got no jurisdiction to decide Relief No. (a) as prayed for by the plaintiff in paragraph 15 of the plaint. The plaint has been annexure as Annexure -1 to the writ petition. In Paragraph 15(a) of the plaint, the following reliefs have been prayed :

(2.) BY the impugned order the learned Court below has held that the suit will proceed only with respect to the Relief No. (b), as he has got no jurisdiction to try relief No. (a). The ground for holding that he has got no jurisdiction to adjudicate upon the Relief 15(a) according to the Court below is the bar of jurisdiction of the Civil Court as contained under Sec.26 of the Coal Bearing Areas (Acquisition and Development) Act, 1957, Sec.26 of the said Act reads thus :

(3.) MR . Atanu Banerjee, learned counsel appearing on behalf of the plaintiff/respondent, on the other hand, contended that under the provisions of Section 9 of the CPC, the Civil Court has got jurisdiction to try and decide all the suit of civil nature except the suits on which their cognizance is either explicitly or implicitly barred. Learned counsel submitted that Sec.26 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 does not bar cognizance of the suit regarding adjudication and declaration of right, title, interest and possession of the land and as such the Civil Court and that of the Court below has got jurisdiction to adjudicate upon such issue. Learned counsel further submitted that although he has not filed a separate petition, yet he is aggrieved by the said portion of the impugned order whereby it has been held that the Court below has no jurisdiction to try the relief No. (a). According to the learned counsel the said part of the order of the Court below is wholly illegal.