An order passed without jurisdiction or in excess of authority is a nullity and need not be set aside.

Bishan Narain, J.

1. This second appeal has been filed by Subedar Major Sadhu Singn against the decision of the Additional District Judge, Amrit-sar, dismissing his appeal and affirming the judgment of the trial Court to the effect that the possession of the property in dispute should be given to the plaintiffs.

2. The land in dispute at one time belonged to Jagat Singh father of Subedar Sadhu Singh. On 27th June, 1895, he mortgaged his Jand with Dhanna Singh for Rs. 900/-. Then on 16th November, 1900 he mortgaged it again with Dhanna Singh for Rs. 1600/-. The third mortgage was effected by him on 11th December, 1905, in favour of Dhanna Singh for Rs. 2,000/- and finally the fourth mortgage was effected on 3rd June, 1914, for Rs. 3,850/-.

This time the mortgage was by Jagat Singh in favour of Pal Singh, Tehl Singh and Mehl Singh sons of Dhanna Singh. On 6th August, 1943 Sadhu Singh applied for restitution of the mortgaged land in the Court of the Special Collector, Lahore, under the provisions of the Punjab Restitution of Mortgaged Lands Act, 1938 (Punjab Act no. IV of 1938). Apparently this application was contested on behalf of the mortgagees and on 6th March, 1945, the Collector ordered redemption of the mortgages on payment of Rs. 77/-odd.

The mortgagees filed an appeal in the Court of the Commissioner at Lahore but its fate is not known in view of the partition of the country during the pendency of that appeal. The village in which the land in dispute is situate was a part of the Lahore District but on partition it fell to the territory of India & is now a part of Tahsil Patti, District Amritsar. Sadhu Singh then applied to the Assistant Collector, Amritsar for possession and he took possession of the property on 21st May, 1950.

Apparently the mortgagees again filed an appeal against the Special Collectors order but it was dismissed by the Financial Commissioner by his order dated 10th April, 1953. Thereupon the mortgagees filed the present suit on 6th July, 1954, for possession of the mortgaged land on the basis of the usufructuary mortgage dated 3rd June, 1914 out of which this appeal has arisen. The plaintiffs allege that they are entitled to possession of the land under the said mortgage deed. The suit was contested oh various grounds but it is not necessary to refer to them in this appeal.

The only two points that have been argued before me on behalf of the defendant-appellant ore that the suit is barred by time and that in any case the order of the Special Collector ordering redemption of the mortgages was within the jurisdiction of the Special Collector. and that a civil suit is not maintainable to contest that order. I shall first deal with the question of limitation.

The contention of tha learned counsel for the appellant is that Article 14 of the Indian Limitation Act applies to this case and as the suit was not filed within one year of the order of the Special Collector dated 6th March, 1945, the present suit is barred by time. Mr. Sarin in support of his argument has strongly relied on the decision of a Division Bench of this Court reported in Kaura v. Bam Chand, AIR 1925 Lah 385 (A). In that judgment the learned Judges were dealing with Punjab Act II of 1913 and it was laid down- "When an order passed under a special Act is declared by that Act to be conclusive, it cannot be Ignored and no relief is open to the aggrieved party unless that order be set aside."

It was further observed that an individual who takes advantage of a summary procedure must suffer its disadvantages as well as enjoy its benefits. Accordingly it was held that a mortgagors right to redeem which would otherwise.be with-in limitation is barred if the action is brought later than a year of the date of an order passed to the plaintiffs detriment by the Collector on an applcation under Punjab Act No. II of 1913.

Their Lordships were dealing with an Act in which it was laid down in Section 12 that any party aggrieved by an order under