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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Satyen Vaidya
Pawan Kumar – Appellant
Versus
Dev Raj (deceased) through his LRs Smt. Kamlesh Kumari – Respondent
JUDGMENT
Satyen Vaidya, J
1. By way of instant petition, the petitioners have assailed order dated 31.08.2016 passed by learned Civil Judge (Junior Division), Palampur, District Kangra, H.P. in CMA No. 260/2016 in Civil Suit No. 167/2015 whereby the application of the petitioners under Order 7 Rule 11 of the Code of Civil Procedure (for short, “Code”) has been dismissed.
2. The petitioners herein are the defendants in Civil Suit No.167 of 2015 and respondents herein are the plaintiffs. Hereafter, the parties shall be referred to by the same status as they hold in the civil suit.
3. The plaintiffs have filed Civil Suit No.167 of 2015 seeking relief in following terms:
“It is, therefore, prayed that the suit for declaration that the order dated 22.10.2007 showing partition of land comprising in Khata No. 98, Khatauni No. 195, Khasra No. 91, 739, 741, 749, 750 Kita 5 measuring 0-40-97 Hectares situated at Mohal Samlua Tehsil Palampur, District Kangra, H.P. entered in jamabandi 1995-1996, is wrong, illegal against the laws, arbitrary, against all norms of justice and principle of natural justice is null and void and is also nullity in the eyes of law and the plaintiffs are not bound by the
Civil courts lack jurisdiction to challenge partition proceedings by revenue authorities unless a question of title arises or jurisdictional defects are alleged, as prescribed by Section 171 of the H....
Civil Courts cannot adjudicate matters concerning partition as per H.P. Land Revenue Act, Section 171, which restricts jurisdiction in partition disputes, asserting that remedy lies within revenue au....
The jurisdiction of Civil Courts is fundamental and must be specifically addressed; failure to do so vitiates the judgments.
The main legal point established is that the Civil Court's jurisdiction is excluded in matters within the jurisdiction of revenue officers as per Section 158 of the Punjab Land Revenue Act.
Civil courts lack jurisdiction over partition proceedings unless fundamental judicial principles are violated; mere erroneous orders do not constitute jurisdictional errors.
The jurisdiction of civil courts is barred under Section 154(1)(e) of the Assam Land Revenue Regulation if the plaintiff is not in possession of the land and fails to meet the conditions for imperfec....
A civil suit challenging a revenue officer's order is not maintainable if the party has opted for an appeal against the same order, as per the jurisdictional limits set by the Himachal Pradesh Land R....
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