Case: Thakur Brij Raj Singh And Another Vs. Thakur Laxman Singh And Another

3. Thakur Laxman Singh thereupon filed the present suit joining Thakur Brij Raj Singh, Rani Bagheliji of Sawar and Inder Singh of Rudh as defendants. Two reliefs, among others, were claimed. These were:-"That is may be declared.-(a) that Deft. No. 1 was not adopted as a fact by Deft. No. 2 and is not her adopted son, and in the alternative, the adoption of Defendant No. 1 by Deft. No. 2 is invalid and illegal; and(b) that plaintiff is the nearest kin and heir to late Th. Banspradip SinghThe learned Subordinate Judge did not frame issues bearing upon the these reliefs, but framed a preliminary issue :"Is the suit barred by Ss. 24 and 119 of the Ajmer Land and Reveneue Regulation of 1877?He held that the two sections barred the suit and dismissed it with costs. On appeal to the judicial Commissioner at Ajmer, the judgment of the Senior Subordinate Judge was reversed. The learned Judicial Commissioner was then moved by Thakur Brij Raj Singh and Rani Bagheliji Singh for a certificate under Art. 133(1) (a) and (c) of the Constitution, which he declined because, in his opinion, his judgment was not final. This Court was then moved for special leave, which was granted, and the present appeal has been filed.

Reasoning:
Section 34, which corresponds to S. 24, is ipsissima verba, except that "Bhum" replaces an "Istimrari estate". If Ss. 33 and 34 are read together it cannot be questioned that a matter which falls within S. 33 is excepted from the operation of S. 34, and that a suit is not affected by reason of the opening words of the latter section. Now, S. 23 may be contrasted with S. 333. In our opinion, therefore the suit in respect of the first relief is within the jurisdiction of the Civil Court. The second relief attracts prima facie S. 24, and must comply with its conditions. The suit has thus to go on. The order of the Judicial Commissioner, in the circumstances of the case, was correct, and we see no reason to differ from it.