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2022 Supreme(P&H) 1083

SUDHIR MITTAL
Neelam Kumar Oswal – Appellant
Versus
Indian Sucrose Limited – Respondent


Advocates:
Ms. Dhivya Jerath, Advocate; for the Petitioner; Mr. Kanwaljit Singh, Sr. Advocate With; Mr. Jagvinder S. Santwal, Advocte; for Respondent No. 1

JUDGMENT

Sudhir Mittal, J. (Oral) - Respondent No. 1 has filed a suit for declaration of title in respect of certain property. In the said suit, defendant No. 2 filed an application under Order 7 Rule 11 CPC for rejection of the plaint on the ground that the suit was barred by law. This application has been dismissed by the trial Court.

2. Learned counsel for the petitioner has argued that a mutation was entered in favour of respondent No. 1 some time in the year 2004 in respect of the very same property. The same was reversed on the basis of an order passed by the learned Collector in the year 2016. As per said order, mutation was entered in favour of defendant No. 2 - petitioner. The order of the Collector has been upheld by the Divisional Commissioner and a revision petition is presently pending before the Financial Commissioner, Revenue. Thus, Section 158(2)(vi) of the Punjab Land Revenue Act, 1887 (hereinafter referred to as 'the Act') bars the jurisdiction of the Civil Court. Further, the suit is also barred by limitation as a declaration has been sought for correction of jamabandi entries of the year 2016-17. Theappropriate remedy for respondent No. 1 would have been to get th

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