- (1.) The present regular second appeal has been filed against the judgment and decree dated 05.09.2011 passed by learned Additional District Judge, Gurgaon dismissing appeal filed by present appellant-plaintiff against the judgment and decree dated 9.11.2010 passed by learned Civil Judge (Junior Division), Gurgaon dismissing the suit filed by appellant-plaintiff. I have heard learned counsel for the appellant-plaintiff and have gone through the whole record including impugned judgments passed by the Courts below.
(2.) Briefly stated, appellant-plaintiff filed the suit for declaration with consequential relief of permanent injunction challenging the order passed by Competent Authority in consolidation proceedings under Section 21(3) of East Punjab Holdings (Consolidation Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act') on the plea that less land was allotted to the plaintiff.
(3.) The order was passed by the Competent Authority-cum- Consolidation Officer under the Act and the said order according to the appellant-plaintiff is illegal and erroneous. The remedy was available to the present appellant-plaintiff to go in appeal before the Settlement Commissioner under Section 21(3) of the Act. Jurisdiction of civil Court to entertain and decide the said matter challenging order passed by Competent Authority i.e. Consolidation Officer under the Act has been specifically barred under Section 44 of the Act which reads as under: - 44. No civil court shall entertain any suit instituted or application made, to obtain a decision or order in respect of any matter which the [State] Government or any officer is, by this Act, empowered to determine, decide or dispose of.;