- (1.) The Affidavit -in -Opposition filed by the learned Counsel of the Opposite Party No. 1 and the Affidavit -of - Service filed by the learned Counsel of the petitioner are taken on record.
(2.) This revisional application is directed against the order dated 10th January, 2012 passed in Title Suit No. 48 of 2010 by the learned Civil Judge (Junior Division), Ghantal, West Midnapur whereby an application filed by the defendant/petitioner before the learned Court below praying for rejection of the plaint has been rejected. The learned Counsel appearing for the petitioner submits that it is an admitted fact that the property in dispute is a Waqf property but the Waqf Board was not made party in the suit. He further contends that the Civil Court has no jurisdiction to entertain any suit in respect of any dispute, question or other matter relating to any Waqf, Waqf property or other matters which is required by or under the Waqfs Act, 1995 to be determined by a Tribunal. But the learned Court below has rejected the application whereby the defendant/petitioner prayed for rejection of the plaint with this observation that the suit is maintainable before the Civil Court. He submits that the order impugned is illegal and may be interfered with. To support his contention, he has referred to a decision reported in (2011) 1 WBLR (SC) 308.
(3.) Learned Counsel appearing for the Opposite Party/plaintiff took me to paragraph 5 onward of the Affidavit -in -Opposition but at the same time frankly conceded that the Civil Court has no jurisdiction to entertain a suit where Waqf property is involved. He is Very much fair enough to add that he is also posted with the citations placed by his learned friend of the other side.;