Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 1 & O.XLI, R.1---Registration of suit or appeal---Presiding Officer of the court concerned, was legally bound to go through the memo of appeal, or contents of plaint to ascertain as to whether the same was competent or otherwise, in the form in which the same was presented. (b) Specific Relief Act (I of 1877)--- ----S. 54---Civil Procedure Code (V of 1908), O.XV, Rr.1, 3---Suit for perpetual injunction---Selection of site for construction of building of school---Both, the Trial Court and Appellate Court below had passed two different orders---Trial Court by an order appointed an Engineer for site selection of the building of school in question---Appellate Court, instead of passing any order on the merits or otherwise, passed a quite different order on the sole ground that contesting parties to the case, were not at issue---Contesting party, in the case, was the Government, and not the residents of the two villages---Government, was implementing a scheme of construction of a school building in either of two villages---People of the said two villages were disputing the said construction and had filed suit---Question involved in the case, was not a question of any civil right of either of the parties, but was a scheme for construction of a school building in either of the villages---Government had discretion to construct school building in either of the two villages, or anywhere else---Trial Court or Appellate Court, had no power to interfere in the working of Government---Trial Court, in circumstances, had very wrongly appointed a Commission for the site selection of the school building in question---Appellate Court, decreed the suit baselessly---Appellate Court, had wrongly found that parties were not at issue---Chief Court observed that courts were bound to pass legal orders according to the circumstances of each case, where contesting parties were not at issue---Suit filed by the plaintiff was incompetent---Government, which was contesting respondent had not infringed any civil right of the petitioners of the respondents---Both the orders passed by the Trial Court and Appellate Court, were set…

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