Judgement

MAHAJAN, C.J.I. : This is plaintiffs appeal, under a certificate, against the dismissal of their suit by the High Court of Judicature for Rajasthan (Jaipur Branch) and praying for a declaration of their rights of succession to the Gaddi of Indergarh.

2. The relevant facts concerning this litigation are these : Mahraja Sumer Singhji was the last jagirdar of Indergrah (District Kotah, Rajasthan). He died without male issue on 14-7-1949 at Delhi. On 2-8-1949 Maharaja Umrao Singh, one of the appellants in the present appeal, instituted a suit against the respondent Maharaja Bhagwati Singh and three others on the allegation that Maharaja Sumer Singhji of Indergarh having died without male issue, the plaintiff was the sole heir of the deceased, and the respondent Bhagwati Singh, minor, was falsely alleging himself to be an adopted son of the late Maharaja and was trying to succeed to his estate; that Maharaja Bhagwati Singh was never adopted by the deceasedc and conseqently the plaintiff was entitled to a declaration to the effect that he was the real successor to the Gaddi of Indergarh.

In defence it was pleaded that the adoption by the late Maharaja was made after obtaining proper sanction of His Highness the Maharao of Kotah. It was contended that when Kotah State was a separate political unit His Highness the Maharaja Sahib of Kotah was the sole autbority to recognise succession regardingthe jagirs and that on integration of Rajasthan that authority is enjoyed by His Highness the Rajpramukh under Art. 7(3) of the Covenant of Rulers of Rajasthan and that consequently the District Judge had no jurisdiction to try the case. On this pleading the Court framed the following Issue:

"Issue No. 3 - Whether His Highness the Rajpramukh had an exclusive right to decide the question of succession relating to Kotri (Jagir) in question and whether the jurisdiction of the civil Courts being barred in such matters, the District Court has no jurisdiction to hear the suit?"

3. The learned District Judge, after hearing arguments on this Issue, by his judgement dated 19-12-1949 found the Issue in favour of the respondents and dismissed the plaintiffs suit. On appeal the High Court of Rajasthan affirmed this decision. During the proceedings in the Courts below, Maharaja Udaibhan Singh was a defendant in the case, was impleaded as a plaintiff. This appeal has now been preferred by both the plaintiffs.

4. The main issue involved in the appeal is whether the civil Court has jurisdiction to decide the question of succession to the Jagir of Indergarh.

5. Section 9, Civil P.C. provides:

9. "The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil natur excepting suits of which their cognizance is either expressly or impliedly barred.

Explanation - A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies."

6. The learned counsel for the appellants contended that the suit instituted by the plaintiffs being of a civil nature, civil Courts had jurisdiction to entertain it and the District Judge and the High Court were in error in holding that their jurisdiction was either expressly or impliedly barred. In our opinion this contention is not well founded. It is true that there is no express statutory provision barring the jurisdiction of the civil Courts regarding suits of this nature, but it is equally clear that their jurisdiction to entertain suits of this nature is impliedly barred.

7. In para 2 of the plaint it was alleged that in the absence of a real son in the line of succession to the Gaddi of Indergarh, the members of the family of Chhapol, on account of being of the same Gotra as that of the jagirdars of Indergarh, i.e., Bhagatsinghot Gotra, were the nearest of kin to them, and on account of this the ruler of Kotah, who held sovereign powers ove