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1974 Supreme(MP) 102

A.P.SEN, M.L.MALIK
State of M. P. – Appellant
Versus
Shyam Kishore Agrawal – Respondent


Advocates Appeared:
M.V.TAMSKAR, M.ADHIKARI

JUDGMENT :

M.L.Malik, J.

( 1. ) Shyam Kishore Agrawal (the respondent in the present appeal) filed a suit in the Court of the Additional District Judge, Mandla, for compensation for wrongful conversion of his goods. The suit was registered as Civil Suit No. 2-B of 1958. It was earlier dismissed on a preliminary finding that the Civil Courts jurisdiction to entertain it was barred under the provisions of section 220 (q) of the C. P. Land Revenue Act. The finding was challenged in appeal by Shyam Kishore Agrawal and this Court by its order dated the 5th October, 1962, set it aside, directing the Additional District Judge to frame all the issues of fact and law that arise in the case, and then decide upon the question of jurisdiction after recording evidence. The case was remitted to the trial Court with the following observations:

"In our opinion, the proper course for the trial Court to follow is to first frame all the issues of facts and law that arise in the case and then to determine if and how far the trial of these issues is barred by ascertaining the limits of the jurisdiction of the Revenue Authorities, examining their powers under section 202 of the Act and then determining if






























































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