IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.R. No. 1773 of 2007

DATE OF DECISION:03.04.2007

Ram Partap

..........Petitioner

Versus

Punjab Wakf Board, Ambala Cantt & Ors.

..........Respondents

CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL

Present:-

Shri Pawan Malik, Advocate

for Shri P.S. Jammu, Advocate

for the petitioner.

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The petitioner has filed this revision petition under Article 227

of the Constitution of India for setting aside the order dated 19.2.2007,

whereby, the plaint of the petitioner has been rejected under Order 7 Rule

11 CPC while observing as under:-

“Notice under Section 89 of Wakf Act cannot be exempted by

the Court. This provision is not analogus to Section 80 of Civil

Procedure Code because under Section 80(2) of CPC, there

is a provision for exemption of the notice but no such provision

is there in Wakf Act, 1995. Therefore, the plaintiff cannot be

permitted to maintain the suit without serving a notice under

Section 89 of the Wakf Act. The authority reported in 1998 (3)

Recent Civil Reports 191 cited by the learned counsel for the

plaintiff does not help the plaintiff.

The net result of my aforesaid discussion is that the

ap