HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 27 Case :- WRIT - C No. - 26131 of 2012 Petitioner :- Smt. Kusum Pundeer Respondent :- Ajay Singh Chauhan, Advocate And Others Petitioner Counsel :- Nipun Singh Respondent Counsel :- Anoop Trivedi Hon'ble Manoj Misra,J.
Sri Anoop Trivedi, Advocate has accepted notice on behalf of respondents No. 2 and 3.
Issue notice to respondents No.1 returnable within four weeks.Steps may be taken within three days.
List for admission on 16.8.2012.
By which time, respondents shall file counter affidavit.
The contention on behalf of the petitioner is that an Original Suit No.734 of 1998 was instituted for partition with respect to certain properties situated at Muzaffarnagar as well as at Ambala (State of Haryana), jointly owned by the parties. It is contended that a plea with regard to jurisdiction was raised by the defendant which was not accepted and the civil court at Baghpat, to whom the matter was assigned upon transfer by this Court, held that it had jurisdiction to decide the case even with respect to the properties at Ambala. It has been contended that subsequently, a portion of the property at Ambala was sold during the pendency of the suit to defendant No.3, who was impleaded, as such, upon an application by the plaintiff. It is contended that the defendant No.3 subsequently raised an objection with regard to jurisdiction of the civil court by claiming that the suit with respect to agricultural property at Ambala could not be entertained by a civil court by virtue of Section 158 of the Punjab Land Revenue Act, 1887. The counsel for the petitioner submits that the court below failed to take notice of Clause (xvii) of Sub-section 1 of Section 158 of the Punjab Land Revenue Act, 1887 while holding that the civil court at Baghpat would not be having jurisdiction to entertain the suit with regard to agricultural property mentioned in scheduled-B of the plaint.The counsel for the petitioner also placed reliance on section 17 of the Code of Civil Procedure.
The matter requires consideration.
Till the next date of listing, further proceeding of Original Suit No. 734 of 1998, pending in the court of Civil Judge (Senior Division) Baghpat, shall remain stayed.
Order Date :- 2.7.2012 G.S