AI Structured Summary
Not yet generated for this judgment
Judgment
Goutam Bhaduri, J
Heard.
The instant petition is against the order dated 27.11.2017, whereby learned Court below has held that the Civil Court has jurisdiction to decide the
civil suit and the suit is not barred under any law.
Learned counsel for the petitioner would submit that preliminary ground raised in the plaint is on the ground that the Tehsildar has wrongly mutated
the name of the petitioner herein, for which expressly the civil Suit is not tenable. Therefore, on the earlier round of litigation, this Court has directed to
decide the preliminary issue and the trial Court ignoring the provisions of law has decided the issue and has said the suit is maintainable. He would
further submit that the entire pleading of the plaint would show that the suit was based on the ground that the mutation were wrongly made.
Perusal of the record would show that the preliminary issue was framed on 03.11.2017, which was directed to be decided by this Court in WP
(227) No.593/2014 and accordingly, the same is decided. Perusal of the plaint would show that various reasons have been assigned to claim the relief
and the suit is filed for declaration and permanent injunction. In the suit the primary relief is claimed that the plaintiff be declared as the owner of the
suit land. Various pleadings have been made that how wrongly the mutation proceeding has been made. Therefore, the Court cannot ignore the final
relief, which the plaintiff has eventually claimed that of the declaration that he is the owner of the suit land.
Perused the order dated 27.11.2017. The order impugned also is of the nature if had it been decided in favour of the petitioner, the suit have been
finally disposed of by dismissal. Taking into the prayer made, the order challenged before the Court below, I do not find any jurisdictional error
whereby the suit is held to be tenable for declaration and permanent injunction. It is for the trial Court to adjudicate the case on merits. Consequently,
no relief can be granted in this petition. It is accordingly, dismissed.