- (1.) Present revision has been filed against an order dated 9-6-2005 passed by the learned District Judge, Rewari vide which the appeal filed by the respondent- plaintiff was accepted and civil suit filed by the plaintiff in the Court of Additional Civil Judge (Senior Division), Rewari has been ordered to be transferred to the Court of learned Additional District Judge -I/Tribunal constituted under the Wakf Act, 1995.
(2.) The plaintiff respondent had filed a suit on 1-5-1999 against the Punjab Wakf Board and 178 others, relating to the wakf property. In view of the notification dated 25-9-2001 constituting a Tribunal under the Wakf Act an application was moved for return of the plaint for want of jurisdiction of the Civil Court to try and entertain the present suit. Learned Trial Court directed the return of the plaint for presentation before the competent Court.
(3.) In appeal the learned lower Appellate Court by placing reliance on the judgment of Hon'ble Madhya Pradesh High Court in Subhan Shah through L. Rs. Ramjan Khan and others v. M. P. Wakf Board and others, AIR 1997 Madhya Pradesh 8 was pleased to hold that instead of returning the plaint the same should be transferred to the Court of competent jurisdiction. The said appeal was accepted and it was ordered that the suit be transferred to the Tribunal constituted under the Wakf Act.;