Special statute bars civil suit where final endowment determination under the Act was not challenged through the statutory remedy.

Civil court jurisdiction is excluded by necessary implication where a special endowments statute entrusts a competent authority with deciding whether property is an endowment and provides an adequate statutory remedy. A final order under Section 77, determining that the property was private property and not a public charity or endowment, became binding because the remedy under the Act was not pursued in the prescribed manner. The same issue could not therefore be reopened in a civil suit, and the statutory determination prevailed over the civil proceeding.

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Issues: (i) Whether the civil court's jurisdiction was excluded in respect of the dispute concerning the nature of the property under the special endowments statute; (ii) whether the order passed under Section 77 of the Act, having attained finality and not having been challenged in the manner provided by the Act, conclusively determined that the property was not an endowment.

Issue (i): Whether the civil court's jurisdiction was excluded in respect of the dispute concerning the nature of the property under the special endowments statute.

Analysis: The normal rule is that civil courts have jurisdiction over suits of a civil nature unless such jurisdiction is expressly or impliedly excluded. Exclusion is not readily inferred, but where a special statute provides a final decision by a competent authority together with an adequate statutory remedy, civil court jurisdiction may be excluded. The relevant test is whether the legislative intent to exclude jurisdiction appears by necessary implication and whether the Act provides a satisfactory alternative remedy.

Conclusion: The civil court's jurisdiction was excluded to the extent the Act provided a special forum and remedy for deciding whether the property was an endowment.

Issue (ii): Whether the order passed under Section 77 of the Act, having attained finality and not having been challenged in the manner provided by the Act, conclusively determined that the property was not an endowment.

Analysis: The order under Section 77 decided the very question raised in the suit, namely whether the property was public charity or an endowment, and concluded that it was private property. No allegation was made that the authority acted contrary to the Act or in breach of fundamental principles of judicial procedure. Since the Act provided a remedy by suit or appeal under Section 78 and that remedy was not pursued, the order became final and conclusive.

Conclusion: The Section 77 order was binding and conclusive, and the suit could not be maintained to reopen that determination.

Final Conclusion: The special statutory determination prevailed over the civil suit, and the appeals failed because the impugned property had already been conclusively held not to be an endowment under the Act.

Ratio Decidendi: Where a special statute confers jurisdiction on a competent authority to decide whether property is an endowment and provides a specific statutory challenge mechanism, a final order passed under that jurisdiction is conclusive and bars a civil suit on the same question.

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