HOSIARI DEVI Vs. JAGAT SING

JUDGEMENT

(1.) The respondents filed a suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the said Act) against the petitioners. The trial Court in terms of the order dated 13.4.2004 dismissed the suit. It may be noticed that the suit was not finally adjudicated on merits but the trial Court found that the title of the respondents was defective and thus the suit ought to be dismissed. In fact, the trial Court has actually rejected the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code) though the phraseology used shows that the suit has been dismissed. The plaint has actually been rejected on the ground that the suit is barred by law as set out in Clause (a) of Rule 11 of Order 7 of the said Code. In the present proceedings the validity of the said order is not required to be examined and thus it would not be appropriate to comment on the merit of the adjudication by the trial Court.

(2.) The respondents aggrieved by the same filed an appeal before the learned Additional District Judge. The petitioners raised an objection about the maintainability of the appeal in view of the suit being filed under the provisions of Section 6 of the said Act. The appellate Court in terms of the impugned order dated 24.10.2005 has held the appeal as maintainable. The said order is sought to be challenged in the present proceedings under Article 227 of the Constitution of India.

(3.) It has to be appreciated that the suit filed under Section 6 of the said Act is to be governed by the provisions of that section as it is a suit of a special nature. Sub-section (3) of Section 6 of the said Act provides that no appeal lies from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.