Civil Court - Jurisdiction of Civil Court - Civil Court has plenary jurisdiction to entertain all disputes except in cases where the jurisdiction of the Civil Court is either expressly or impliedly barred in terms of Section 9 of the Code - Civil Procedure Code, 1908 (V of 1908), Section 9 - Delhi Land Revenue Act, 1974, Section 28 - Land Revenue Act, Section 83. #2020 SCeJ 1974 . Held, The suit is simpliciter for injunction based upon possession of the property. The said suit could be decided only by the Civil Court as there is no mechanism prescribed under the Land Revenue Act for grant of injunction in respect of disputes relating to possession. #2020 SCeJ 1974
Land Revenue Act, Section 83 - Delhi Land Revenue Act, 1974, Section 28 - Bars the jurisdiction of the Civil Court to entertain boundary disputes - The Act does not expressly bar the jurisdiction of the Civil Court in respect of boundary disputes - The boundary disputes are between two revenue estates and does not include the demarcation of the land of the parties. #2020 SCeJ 1974
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Jurisdiction - Not an issue of fact but of law - It could very well be decided by the First Appellate Court while taking up the entire appeal for hearing. #2020 SCeJ 1974 Held, The trial court had also not treated issue No. 2 relating to the jurisdiction of the Civil Court as a preliminary issue. Therefore, it cannot be said that any prejudice has been caused to the appellants by not deciding the issue of jurisdiction of the Civil Court in the first instance by the First Appellate Court. #2020 SCeJ 1974