Section 111, 158 – Code of Civil Procedure 1908 (V of 1908), Order 7, Rule 11 – Partition proceedings of land – Challenged in Civil suit -- Rejection of plaint -- Civil suit challenging partition proceedings on the ground of violation of principle of natural justice – Ld. trial Court is correct in observing that proceedings can always be challenged in case violation of principle of natural justice -- Section 158 bars the jurisdiction of the Civil Court in case a suit is filed for grant of relief, which can be provided by the Revenue Officers under the Act, 1887 – That is not the case in the suit -- Application dismissed by Trail court, order upheld.

(P&H HC) Decided on: 22.02.2021

Section 34 -- East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948) -- Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Question of title – Jurisdiction of Revenue authorities -- Neither the authorities, constituted under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, nor the authorities under the Punjab Land Revenue Act (while deciding the mutations), have the jurisdiction to decide on the question of title.

(P&H HC) Decided on: 28.01.2021