Case Note & Summary
The case involved an appeal against an order of the High Court of Rajasthan which directed parties to approach the Wakf Tribunal after setting aside a judgment of the Addl. District & Session Judge. The original suit was filed in 1976 and dismissed in 1996, with the plaintiffs arguing that the Civil Court lacked jurisdiction due to the Wakf Act, 1995. The High Court's decision was based on Section 85 of the Act, which bars Civil Court jurisdiction in wakf matters. However, the Supreme Court noted that the suit was pending before the Act's commencement, and thus Section 7(5) of the Act, which preserves the jurisdiction of Civil Courts for pending matters, applied. The Supreme Court found that the learned Single Judge had erred by not considering this provision and remitted the matter back to the High Court for a decision in accordance with law. The appeal was disposed of without costs.
Headnote
A) Civil Procedure - Jurisdiction of Civil Courts - Bar of jurisdiction under Wakf Act - The Wakf Act, 1995, Section 85 - The court held that the jurisdiction of Civil Courts is barred in matters relating to wakf property, but pending suits prior to the Act's commencement are exempt from this bar. The learned Single Judge's reliance on Section 85 without considering Section 7(5) was erroneous, leading to the appeal being remitted back to the High Court for proper adjudication (Paras 14).
Issue of Consideration
Whether the High Court erred in directing the parties to approach the Wakf Tribunal despite the suit being pending prior to the enactment of the Wakf Act, 1995.
Final Decision
The Supreme Court set aside the High Court's order and remitted the matter back for a decision in accordance with law, emphasizing that pending suits are exempt from the jurisdictional bar under the Wakf Act.
Law Points
- Jurisdiction of Civil Courts
- Wakf Act
- 1995
- Section 85
- Section 7(5)
- Pending suits
