Dharmender v. Chief Executive Officer And ANR

S.No.230

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CR No.5053 of 2019 (O&M) Date of Decision:21.11.2022 Dharmender .....Petitioner Vs.

Chief Executive Officer and another .....Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Suman Jain, Advocate with Mr. Rishabh Jain, Advocate for the petitioner.

Mr. A.P.S. Sandhu, Advocate for respondents No.1 and 2. Mr. G.N. Malik, Advocate for the applicants in CM No.22285-CII of 2019.

**** DEEPAK GUPTA, J.

By way of the impugned order dated 26.07.2019 (Annexure P.6), the trial Court directed to return the plaint after observing that Civil Court did not have the jurisdiction in the matter and rather it was the Wakf Tribunal who was the contempt to deal with the matter. Although notice of the application under Order 1 Rule 10 CPC has not been issued so far, learned counsel requested to assist the Court only on the legal issue qua the jurisdiction. Learned counsel pointed out that against the impugned order, it is only the appeal which is maintainable as per Order 43 Rule 1 CPC. The said legal position is conceded by learned counsel for the petitioner.

As requested by counsel for the petitioner, this petition is dismissed as withrawn with liberty to him to approach the Appellate Court to seek appropriate remedy. As far as bar of limitation is concerned, the Appellate Court will take into account the factum of filing the revision RENU 2022.11.22 01:29 I attest to the accuracy and integrity of this document Chandigarh

CR No.5053 of 2019 (O&M) -2before this Court.

Dismissed as withdrawn with the liberty aforesaid. November 21, 2022 ( DEEPAK GUPTA ) renu JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2022.11.22 01:29 I attest to the accuracy and integrity of this document Chandigarh