- (1.) On 25-1-1950, Mohammad Saddiq Barry instituted Civil Suit No. 77 of 1950 for declaration that he was 'mutwalli' of the property in suit. In that suit the Custodian Evacuee Property, was impleaded to be a party.
(2.) In the written statement the Custodian pleaded that the property of which the plaintiff seeks to be a 'mutwalli' was evacuee property.
(3.) Finding that Civil Courts have no jurisdiction to entertain or adjudicate upon the question whether the property in the suit is or is not evacuee property the Court of first instance rejected the plaint under Rule 11 of Order VII of the Code. From the decree passed by the Court of first instance the plaintiff appealed under Section 96 of the Code.;