Civil courts cannot ignore an order passed by an authority with jurisdiction, even if the order is irregular or defective.

JAGDISH SAHAI, J. :- This second appeal is directed against the decree passed by Sri S. L. Tripathi, Civil Judge, Mohanlal Ganj, Lucknow, on 18-10-1966 allowing Regular Civil Appeal No. 195 of 1966 and setting aside the decree passed by the learned Munsif on 27-5-1966 decreeing the suit for ejectment and recovery of Rs. 12/- per month as damages in favour of the appellant who was plaintiff before the learned Munsif. The plaintiff-appellant filed the suit giving rise to this appeal (Regular Suit No. 284 of 1964 in the court of Munsif North, Lucknow) for the ejectment of the defendant-respondent from a house situate in Mohalla Rajendra Nagar, Lucknow, and for the recovery of a sum of Rs. 60/- by way of damages. The learned Munsif, inter alia, framed the following two issues which were numbered as 1 and 3.

"1.- Whether the permission granted by the State Government was illegal, arbitrary, unjust and mala fide as alleged in paras 25 and 26 of the written statement. If so, its effect ?

3- Whether the order of the State Government cannot be the basis of the suit as alleged in para 27 of the written Statement ?"

Before filing the suit the plaintiff-appellant had sought the permission of the District Magistrate under Section 3 of the U. P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act) for permission to sue the defendant-respondent. The District Magistrate refused the permission and the revision application of the plaintiff-appellant before the Commissioner also failed, whereafter he applied to the State Government which passed the following order :

"Sri Mangal Prasad ko unke uparukt vishay per dinank 21 December, 1962, ke prarthana patra ke sandarbh me soochit kiya jata hai ke is mamle ke abhilekho kee pareeksha kar lee gayee hai aur virodhi paksha ke kathan tatha es mamle ke anya tathyon par bhi vichar kar liya gaya hai aur Nyaya ke driste se yah aawashyak samjha jata hai ke prashnagat makan prarthi ko niju upyog ke liye uplabdha ho.

2. Ateya Rajyapal, Uttar Pradesh, Temporary Control of Rent and Eviction Act 1947 kee dhara F dwara prapt adhikarpn ka prayog karke Additional Commissioner, Lucknow, Division, Lucknow, dwara Revision Sankhya 36/13, of 1961-62 me diye gaye addesh dinank 22 November, 1962, ko jisme Rent Control and Eviction Officer Lucknow ke aadesh dinank 21 September, 1962, kepushltee ke gaye hairadd karte hai tatha prarthee ko vipakshee ke virudh divani adalat me bedakhle ke mukdama dayar karne hetu ukt Act kee dhara 3 kee anumati pradan karte hai".

It is on the basis of this permission that the suit giving rise to this appeal was filed by the plaintiff-appellant. The contention of the defendant-respondent is that It is not a speaking order and is a nullity and for that reason civil courts are competent to hold that the suit giving rise to this appeal on the basis of the order of the State Government aforesaid is bad in law and the civil courts have no jurisdiction to entertain it. The learned Munsif overruled this objection, but the learned Civil Judge in appeal allowed it. Against the decree passed by the learned Civil Judge dismissing the suit of the plaintiff-appellant and reversing the decree passed by the learned Munsif the instant second appeal has been filed in this Court.

2. The matter came up before our brother Sehgal, who referred the case to a larger Bench. This is how the matter has come before us.

3. Sri S.D. Misra, learned counsel for the plaintiff-appellant, and Sri Jagat Bahadur Srivastava, learned counsel for the defendant-respondent have made a joint statement before us that the only question involved in the second appeal is whether the suit filed by the plaintiff-appellant is liable to be dismissed on the ground that the order passed by the State Government, mentioned above, is bad in law and for that reason the civil courts had no jurisdiction to try this suit.

4. No other question has been raised before us. We have reproduced the order of the State Government in