Ishlam vs State of U. P. - 2023 Supreme(All) 88

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 88

J. J. MUNIR
Ishlam – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ramendra Asthana, Advocate
For the Respondents: Mr. Devendra Dahma, Mr. Girijesh Tripathi, Adv

JUDGMENT :

J.J. MUNIR, J.

1. This is a plaintiff's second appeal arising out of a suit for declaration and permanent injunction. The plaintiff-appellant's suit has been dismissed by both the Courts below.

2. How could a man go without a remedy against a summary determination of his right to property, with no Court of determinative jurisdiction hearing him, is a question of the most fundamental importance. It is this essential issue involved in the appeal, which led this Court to admit this appeal to hearing on two substantial questions of law formulated on one day and then add one more before hearing commenced. The following substantial questions of law are involved in this appeal:

2008 (4) ADJ 37

2. Whether in a case where the Civil Court finds that the suit is not cognizable by it but the Revenue Court, the appropriate order to make is one for return of the plaint instead of dismissal of the suit?

3. Whether in a case where an