Weather judgment of the civil court binding to the revenue courts?
Adv M.D.Azhar
(Querist) 01 August 2014
This query is : Resolved
In One case there was dispute between the Municipality and other local people. They filed a suit against Municipality having said that, while organized the bid they have not adopted the procedure which is prescribed in the law. So they file suit in before the civil court in which plaintiff asked for the injunction not to construct the shooing center and re organize the bid. on the behalf of the Municipality filed application U/O.7, R.11 to set aside the suit? which was granted . Being dissatisfied the plaintiff/appellant filed appeal before the session court. Having said that Honorable lower court has not passed necessary order below Ex. 1 (Suit) and passed the order u/Ex. 14 Means the application u/O. 7,R.11. weather it is necessary to pass the order under Ex. 1. is there any judgment? And most important thing is that additional session court confirm the judgment of the lower court. Yet Collector has not considered the judgment and pass the order not to construct the said Shopping Center. Is it Valid, Advocates Generally says in the revenue courts that judgments of the civil courts should be respected and that are bound to revenue courts is it right? so where is that, any judgment regarding it? please sir guide us because collector has not been respecting the orders of the civil courts and passing the orders as he deems fit and also not giving the findings in the case so that the poor and needy people has to waste so much money to got to the appellate authority. May be he is liable for the Contempt Proceedings?
Rajendra K Goyal
(Expert) 02 August 2014
Judgement / citation not provided in this section.
ajay sethi
(Expert) 02 August 2014
collector has to give reasons for passing orders . if you are aggrieved by said order go in appeal
prabhakar singh
(Expert) 03 August 2014
You lack basic understanding of law and i would advise you to join a senior's chamber.
In the instant problem the Civil court has just rejected the plaint and has not passed any order to be followed by the DM or collector.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
Rightly observed. There was no restriction clause imposed on the DM/Collector upon passing orders on the application under O7R11, hence their action cannot be challenged or to be brought under the said circumstance, however, you may prefer an appeal if your are dissatisfied with the impugned orders.
