Chiraguddin Khan th. LR’s. vs. Rajasthan Board of Muslim Wakf & Ors.

Wakf Act, 1995–Secs. 85 & 7(5)–Code of Civil Procedure, 1908–Order 7, Rule 10–Return of plaint–Justification–As per Sec. 7(5) of the Act of 1995, if subject matters are pending before the Civil Court prior to commencement of the Wakf Act, then the Civil Court is competent to adjudicate the matter–In the instant case, suit for permanent injunction has been filed in the year 1971–Order of allowing the application under Order 7, Rule 10 is not justified–Order of Trial Court as well as Appellate Court set aside and directed to decide the suit.