Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Approbate and reprobate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Approbate and reprobate – Plaintiff-appellant instituted proceedings before the Revenue Authority under s.250 of the MP Land Revenue Code, 1959 (MPLRC) – Defendants-respondents disputed jurisdiction of Revenue Authority to deal with the matter – The Tehsildar dismissed application under s.250 holding that the dispute was with respect to title and, therefore, the Revenue Authority would not have jurisdiction under MPLRC – The said order was affirmed by Appellate Authority – Thereafter, appellant instituted suit before the civil court where respondents just took a contrary stand than what was taken by them before Revenue Authority and filed application under Or.7 r.11 for dismissing the suit on the ground that the civil court would not have jurisdiction to entertain the suit – Civil court rejected the application – However, on revision, High Court allowed the application under Or.7 r.11 and held that in view of s.257 of the MPLRC the jurisdiction of civil court is barred – On appeal, held: Respondents cannot be permitted to take two contradictory stands before two different authorities/courts – They cannot be permitted to approbate and reprobate once their objection that the Revenue Authority would have no jurisdiction was accepted by Revenue Authority/Tehsildar and the proceedings under s.250 of the MPLRC were dismissed – Thereafter, it was not open for the respondents to take an objection that suit before the civil court would also be barred in view of s.257 of the MPLRC – If the submission on behalf of the respondents is accepted, in that case, the appellant would be remediless – In the facts and circumstances of the case, civil court rightly refused to reject the plaint – Suit restored on the file of civil court – Code of Civil Procedure, 1908 – Or.7 r.11 – MP Land Revenue Code, 1959 – s.250. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 335 |
Petitioner | Premlata @ Sunita |
Respondent | Naseeb Bee & Ors. |
SCR | [2022] 1 S.C.R. 826 |
Judgement Date | 2022-03-23 |
Case Number | 2055-2056 |
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