1996 (9) TMI 653

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....ool, Advs ORDER 1. Leave granted. 2. These appeals by special leave arise from the order of the learned single Judge of the High Court of Gujarat, originally made on March 23, 1995 in order No. 40/95 and in MCA No. 656/95 on June 30, 1995. 3. The facts are fairly not in dispute. The admitted position is that the appellant and the respondent had jointly purchased the suit scheduled prop....

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....appeal, the District Judge had granted injunction pending the suit restraining the appellant from alienating the property. The revision was dismissed by the High Court. Review petition was also dismissed. Thus, these appeals by special leave. 4. The primary question raised by Mr. Yashank Adharyu, learned Counsel for the appellant, is that Section 11 is a bar on entertaining the suit. The High C....

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.... Suits not to be entertained unless plaintiff has exhausted right of appeal. No Civil Court shall entertain any suit (against the Government) on account of any act or omission of any Revenue Officer unless the plaintiff first proves that previously to bring his suits he has presented all such appeals allowed by the law for the time being in force, a within the period of limitation allowed for brin....

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....ght of appeal or revision prescribed therein and available to him before he resorts to the suit challenging the order passed by the Revenue Officer. A reading of Section 11 does not indicate any prohibition on private parties inter se to avail of the remedy of a suit provided under the Code of Civil Procedure, 1908 [CPC]. Section 9 of CPC does not expressly or by necessary implication, prohibits t....