GOVERNOR GENERAL IN COUNCIL AND ANR. Vs. ACHHRU RAM AND ANR.
HIGH COURT OF PUNJAB AND HARYANA
Governor General In Council And Anr.
Achhru Ram And Anr.
Click here to view full judgement.
Harnam Singh, J. -
(1.) TO appreciate the point arising in these proceedings the facts must be set out in some detail.
(2.) ON the 21 -11 -1949 Acchru Ram and Dharam Parkash instituted C.S. No. 161 of 1949 for a permanent injunction directing the Defendants to remove telephone lines from the land belonging to the Pltfs. Relying on the provisions of Section 17, Telegraph Act, 1885, hereinafter referred to as the Act, Defts urged a preliminary objection that Civil Cts have no jurisdiction to try C.S. No. 161 of 1949.
(3.) ON the pleadings of the parties the trial Ct fixed the following issue: "Whether this Ct has got jurisdiction to try this suit - In deciding the case the trial Ct said:
All suits of a civil nature ordinarily are triable by the Civil Cts. It is in the discretion of the Pltf to apply to the Dist Magistrate for removal of the telegraph lines and it is not obligatory on him to do so. There is also no statute or authority ousting the jurisdiction of the Civil Cts in such matters. I thus have no hesitation to hold on this issue in favour of the Pltf.;
Copyright © Regent Computronics Pvt.Ltd.