Head Note

The Code of Civil Procedure, 1908  - Order VII Rule (11)

Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 2(b)(c)(d) and 3 - Bar of Jurisdiction of Civil Court - Section 3 of the Act, 1979 empowers the Corporation to make recovery of its outstanding dues from the defaulter as arrears of land revenue by getting the certificate of recovery of the amount issued from the competent authority - Sub-section (4) of Section 3 in clear terms takes away the jurisdiction of the Civil Court to entertain or/and adjudicate "any case" relating to the recovery of any sum due from the defaulter - It also takes away the jurisdiction of Civil Court to proceed with any pending case involving such issue - If any such case is pending on the date of commencement of the Act, such case shall stand abate.

The Code of Civil Procedure, 1908  - Order VII Rule (11)

State Financial Corporation Act, 1951 - Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 2(b)(c)(d) and 3(4) - Bar of Jurisdiction of Civil Court - Rejection of Plaint - Held that the provisions of the Act, 1979 get attracted to the case in hand which, in turn, attract the bar contained in sub-section (4) of Section 3 in filing the civil suit by the defaulter - The suit is, therefore, apparently barred by virtue of bar contained in Section 3(4) of the Act, 1979 - It was thus rightly dismissed by the courts below by taking recourse to Order VII Rule 11 (d) of the Code.

Topic(s)-Jurisdiction of Civil Court - Plaint rightly rejected