IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 107 CM-11665-C-2023 in/and RSA-3258-2023 (O&M) Date of Decision: 29.04.2026 Mulakh Raj …..Appellant Vs. State of Haryana and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. R.S. Sharma, Advocate for the appellant. **** DEEPAK GUPTA, J. (ORAL) One of the plainffs’ of the case is before this Court against concurrent findings of the Courts below. Suit for declaraon with consequenal relief of permanent injuncon was filed assailing the order dated 15.03.1995 passed by Divisional Canal Officer, Sirsa Lining, Division No.1, MSMITC, Fatehabad. The said order is stated to have been passed under Secon 18 of the Haryana Canal and Drainage Act, 1974. The defendants-respondents opposed the claim and one of the preliminary objecons’ raised by them was that jurisdicon of the Civil Court was barred in view of Secon 25 of the Act. Trial Court by way of judgment dated 20.01.2018 held that jurisdicon of the Civil Court was barred under Secon 25 of the Act. Suit was accordingly dismissed on 20.01.2018. In the appeal filed by the plainff/appellant, though the judgment of the trial court has been upheld but there is no discussion regarding bar of jurisdicon. NEETIKA TUTEJA 2026.04.29 15:48 I attest to the accuracy and integrity of this document CM-11665-C-2023 in/and RSA-3258-2023 (O&M) -2- Before this Court it is argued by learned counsel that as the jurisdicon of the Civil Court is barred in view of Secon 25 of the Haryana Canal and Drainage Act, 1974 therefore, the plaint was liable to be returned in view of Order VII Rule 10 CPC. Learned counsel seeks permission so as to withdraw the appeal along with the suit itself or to return the plaint so that the same can be presented before the appropriate forum. In view of the aforesaid statement made by learned counsel, the present appeal is hereby dismissed as withdrawn. It is rightly contended by learned counsel that plaint was liable to be returned, once the trial Court had came to the conclusion that jurisdicon of the Civil Court was barred. Accordingly plaint is directed to be returned to the plainff/appellant. Plainff/appellant will be at liberty to avail the appropriate remedy in accordance with law. Disposed of. Pending applicaon(s), if any, also stands disposed of. (DEEPAK GUPTA) JUDGE April 29, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.04.29 15:48 I attest to the accuracy and integrity of this document