IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 20.08.2025 Date of Pronouncement :- 11.09.2025

1. RSA No. 505 of 1990 (O&M)

Baru Ram (deceased) Through LR ...Appellant Versus Gram Panchayat Village Dallewal and others ...Respondents

2. RSA No. 1566 of 1996 (O&M)

Gram Panchayat Village Dallewal ...Appellant Versus Gardhara Singh (deceased) through LRs ...Respondents CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. Rakesh Gupta, Advocate with Ms. Manvi Arora, Advocate for the appellant in RSA No. 1566 of 1996 and for respondent No. 1 in RSA No. 505 of 1990.

Mr. Amit Jain, Sr. Advocate with Mr. Aryaman Thakur, Advocate and Ms. Aeshna Jain, Advocate for the appellants in RSA No. 505 of 1990.

Mr. Avnish Mittal, Advocate and Ms. Ishika Jain, Advocate for respondent No. 1 in RSA No. 1566 of 1996.

Mr. P.S. Saini, Advocate for respondent No. 7 in RSA No. 505 of 1990.

Mr. Iqbaljit Singh Kingra, Senior Deputy Advocate General, Punjab.

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VIRINDER AGGARWAL , J.

1. By this common order, I intend to dispose of two appeals i.e. RSA No. 505 of 1990 titled 'Baru Ram (deceased) Through LR vs. Gram Panchayat Village Dallewal and others and RSA No. 1566 of 1996 titled ‘Gram Panchayat Village Dallewal vs. Gardhara Singh (deceased) through LRs.

2. The present two appeals involve the common question as to if the Civil Court has the jurisdiction to adjudicate the fact that Civil Court deciding a previous suit between the parties had jurisdiction or not to decide suit in views of fact that in previous suit the question of jurisdiction of civil court has already been decided. FACTUAL BACKGROUND

3. On 05.05.1977, the Gram Panchayat, Dallewal auctioned standing Khair trees on Shamlat land and the sale was made in favour of Baru Ram- defendant No. 1 of civil suit filed by the Gram Panchayat. The sale was annulled by the Collector, Hoshiarpur and he refused to sanction the auction vide order dated 01.03.1978. Afterwards, the Gram Panchayat re- auctioned the trees on 15.04.1982 in favour of Jagat Ram son of Dhani Ram. Baru Ram filed civil suit assailing that auction and claiming himself to be owner of Khair trees on the basis of auction dated 05.05.1977. The suit was decreed vide judgment and decree dated 07.09.1984. The Gram Panchayat has not filed any appeal. So the findings recorded by the Civil Court attained finality and defendant Baru Ram was declared owner in possession of Khair trees auctioned on 05.05.1977 in his favour and that judgment and decree passed by the learned Additional Senior Sub Judge, Hoshiarpur was assailed by Gram Panchayat by filing separate suit claiming that Civil Court has no jurisdiction to try and dispose of the earlier civil suit. The judgment and decree passed by the Additional Senior Sub Judge, Hoshiarpur was upheld and vide judgment and decree dated 01.09.1988 by Senior Sub Judge, Hoshiarpur, declared that Civil Court has jurisdiction to try and decide the previous suit and suit filed by the Gram Panchayat was dismissed. Aggrieved by the judgment and decreed so passed Gram Panchayat preferred appeal before District Judge, Hoshiaprur. The learned Additional District Judge, Hoshiapur allowed that appeal vide judgment and decree dated 16.09.1989. That judgment and decree passed by the First Appellate Court has been assailed on the grounds that the it has committed a mistake while allowing the appeal and by setting aside the judgment and decree passed by the Court below.

4. Subsequently, there was another auction of Khair trees existing on Shamlat land and that auction was culminated on 22.10.1984 in favour of defendant No. 1 Gardhara Singh of Civil Suit no.250 of 03.09.1985, being the highest bidder. Defendant No. 6 Gurdial Chand raised objections to the auction. The Collector Hoshiarpur vide order dated 13.08.1985 cancelled the auction. Defendant Gardhara Singh filed civil suit on 03.09.1985 assailing the order of Collector dated 13.08.1985 and Gram Panchayat defendant in that suit raised the objection that