Law:

Section:

Muhammadan Law----Wakf---Applications to District Judge praying (1) for the regulating of election of a Mutawalli; (2) for appointment of interim receiver-Whether application entertainable in the absence of a regular suit under S. 9 or S. 92, C. P. C.----Civil Procedure Code (V of 1908), S. 151. The District Judge acting for the Qazi is empowered to entertain miscellaneous applications in respect of wakfs and wakf properties. When the petitioner asks the Court to arrange for the holding of a free election, he is neither alleging a breach of the trust nor seeking the direction of the Court for the administration of the trust. Even, therefore, if the ultimate effect of the elec­tion be the removal of the present mutawalli, since these two fundamental conditions are not fulfilled, a suit under section 92 will not lie. A suit for the regulation of an election cannot be termed a suit of a civil nature. The essence of a suit is that there are certain matters of controversy between the parties and the Courts is called upon to adjudicate upon the rights of the parties in respect of those matters. All that the Court can do in such a case would be to agree more or less arbitrarily upon some place and some time for holding the election, but that would be far from an adjudica­tion of civil rights. There is, therefore, no provision for a suit of this nature either. Section 9 moreover does not say that the jurisdiction of Courts shall be confined to suits only. Section 24 of the Punjab Courts Act (VI of 1918), while declaring the Court of the District Judge to be the principal Civil Court or original jurisdiction in the district, leaves room for the exercise of original jurisdiction in all its aspects, whether for the purposes of a suit or for applications. If in a given case we find no provision in the Code of Civil Procedure and no prohibition either, we could, I think, in such a case decide according to justice, equity and good conscience and hold that since there is no remedy for the present contingency in a suit and since a Qazi could give directions in such a case, and the Civil Court has taken the place of the Qazi, the District Judge, who presides over the principle…

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