Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | when not barred s.9 Jurisdiction of civil court CPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Delhi Land Revenue Act, 1954 (12 of 1954) Code of Civil Procedure, 1908 (5 of 1908) Delhi Land Reforms Act, 1954 (8 of 1954) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908: s.9 – Jurisdiction of civil court,when not barred – Suit filed by respondents and for permanentinjunction claiming that the suit land situated in the revenue estateof Village Basai Darapur, Delhi was owned and possessed by them– Plea of appellant was that jurisdiction of civil court is barred asit is a boundary dispute between the village Basai Darapur andvillage Shakarpur and such dispute has to be decided in terms ofs.28 of the Delhi Land Revenue Act, 1954 – Held: The boundarydisputes are between two revenue estates and does not include thedemarcation of the land of the parties – s.83 of the Land RevenueAct bars the jurisdiction of the civil court in respect of : (a) thearrangement of area of the patwaris; (b) claims by any person toany of the offices mentioned in ss.13 or 14 or to any emolument orfees appertaining to such office, or in respect of any injury causedby his exclusion therefrom, or claims by any person to nominatepersons to such offices; (c) the formation of the record of rights orthe preparation, signing, or attestation of any of the documentscontained therein, or the preparation of the annual register – Nosuch dispute arose for consideration in the present matter – Suitwas simplicitor for injunction based upon possession of the property– The said suit could be decided only by the civil court as there wasno mechanism prescribed under the Land Revenue Act for grant ofinjunction in respect of disputes relating to possession – Civil courthas plenary jurisdiction to entertain all disputes except in caseswhere the jurisdiction of the civil court is either expressly or impliedlybarred in terms of s.9 of the Code – Delhi Land Revenue Act, 1954– s.28.Code of Civil Procedure, 1908: s.100 – Formulation ofsubstantial question of law or reformulation of the same in terms ofthe proviso arises only if there are some questions of law and not inthe absence of any substantial question of law – High Court is notobliged to frame substantial question of law, in case, it finds noerror in the findings recorded by the First Appellate Court.Code of Civil Procedure, 1908: Or.XLI r.27 – Permission toproduce additional documents – Held: Additional documents cannotbe permitted to be produced if they are not relevant to the plearaised by the applicant. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2020 INSC 640 |
Petitioner | Kirpa Ram (deceased) Through Legal Representatives & Ors. |
Respondent | Surendra Deo Gaur & Ors. |
SCR | [2020] 13 S.C.R. 1030 |
Judgement Date | 2020-11-16 |
Case Number | 8971 |
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