High Court Kerala High Court

Savithri Prasad vs P.K.Vasu on 18 August, 2008

Kerala High Court
Savithri Prasad vs P.K.Vasu on 18 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 633 of 2008()



1. SAVITHRI PRASAD
                      ...  Petitioner

                        Vs

1. P.K.VASU
                       ...       Respondent

                For Petitioner  :SRI.BIJU PRASAD

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :18/08/2008

 O R D E R
                  M.SASIDHARAN NAMBIAR, J.
                   ...........................................
                    CRP.No. 633              OF 2008
                   ............................................
      DATED THIS THE            18TH DAY OF AUGUST, 2008

                                  ORDER

This petition is filed under Section 115 of Code of Civil

Procedure challenging the order passed by Munsiff, Kochi

holding that suit is not barred as claimed by the defendants.

Third petitioner, who appeared in person, represented the other

petitioners also on the strength of the power of attorney

executed by them.

2. The case of petitioners is that learned Munsiff should

have dismissed the suit as barred. The argument is that as

directed by this court in WP(C) 4274 of 2008, learned Munsiff

did not dismiss the petition and under Section 6 of Kerala Land

Assignment Act, suit is not maintainable. It was also argued that

suit should have even otherwise found not maintainable, as it is

for fixation of the boundaries of the property obtained under

Land Assignment order.

3. On hearing the party and going through the impugned

order, I do not find any illegality or irregularity in the impugned

order. This court did not direct the learned Munsiff to dismiss

the suit as canvassed by petitioners. What this court directed

CRP 633/2008 2

was only to consider the objection with regard to want of

jurisdiction and if it is to be found that court has no jurisdiction

to dismiss the suit. There is no direction to dismiss the suit or a

finding that court has no jurisdiction. The bar provided under

Section 6 of Land Assignment Act is in respect of a suit against

the government providing that no suit against government shall

be entertained in any civil court in respect of any common order

passed under Land Assignment Act. Suit is not against

government and Section 6 has no application at all. Similarly, a

suit for fixation of boundary is definitely maintainable before a

civil court. Neither explicitly nor impliedly the suit is barred.

There is no illegality or irregularity in the impugned order.

Revision Petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-