Invalid revenue orders do not trigger the civil suit bar under the Bombay Revenue Jurisdiction Act.

An order made without jurisdiction is a nullity and cannot found the statutory bar under Section 11 of the Bombay Revenue Jurisdiction Act. The bar applies only where there is a valid revenue order capable of appeal; if the purported order is invalid or ultra vires, failure to appeal does not prevent a civil suit. The principle applied in cases on invalid orders was extended to the Revenue Jurisdiction Act, so an invalid revenue act or order does not bar the suit.

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Issues: Whether an act or order of a revenue officer that is invalid or ultra vires prevents the operation of Section 11 of the Bombay Revenue Jurisdiction Act and permits the Court to entertain a suit that would otherwise be barred.

Analysis: An order made without jurisdiction is a nullity and cannot create rights, obligations, or a valid basis for the statutory bar under Section 11. The bar applies only where there is a valid revenue order capable of appeal; if the purported order is void, failure to appeal does not attract the prohibition against a civil suit. The principle recognised in the limitation cases concerning invalid orders was held to apply equally to the Revenue Jurisdiction Act.

Conclusion: An invalid or ultra vires act or order of a revenue officer does not operate to bar a civil suit under Section 11 of the Bombay Revenue Jurisdiction Act.

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