[Waqf Act] Change Of Forum A Procedural Law And Retrospective In Nature Unless Expressly Mentioned Otherwise: Madhya Pradesh High Court

The Madhya Pradesh High Court recently reiterated that a change of forum is a procedural law and retrospective in nature, unless expressly mentioned otherwise.

The bench comprising Justice G.S. Ahluwalia made the said observation with respect to the amendments made to Section 83 and Section 85 of the Waqf Act, 1995-

In view of the law laid down by the Supreme Court in the case of Rashid Wali Beg (supra) coupled with the fact that the change of forum is a procedural law, this Court is of the considered opinion that after the amendment in Sections 83 and 85 of the Waqf Act, the Civil Court lost its jurisdiction to entertain the Civil Suits concerning Waqf property…The Trial Court is directed to return the plaint to the plaintiff for presentation to the jurisdictional Waqf Tribunal. Since the pleadings are complete, the Waqf Tribunal shall proceed from the stage of framing of issues and shall dispose of the suit within a period of six months.

Facts of the case were that a suit for eviction from the Waqf property was filed against the Appellants. The matter was decided in favour of the Respondent. Aggrieved, the Appellants preferred an appeal before the Court.

The only contention raised by the Appellants before the Court was that pursuant to the amendments made to Section 83 and Section 85 of the Waqf Act, the jurisdiction has been vested with the Waqf Tribunal to decide matters relating to Waqf property. It was further contended that since the amendment of change of forum is procedural law, it would be retrospective in operation as there is nothing in the amendment to indicate that it is prospective in nature. Per contra, the Respondent submitted that the amendment deals with procedural law and is thus prospective in nature.

Examining the submissions of parties and documents on record, the Court concurred with the submissions put forth by the Appellants. Placing reliance on the decision of the Supreme Court in Ramesh Kumar Soni v. State of Madhya Pradesh and also in Rashid Wali Beg v. Farid Pindari & Ors., it held that the fact that the change of forum is a procedural law, pursuant to the amendment in Sections 83 and 85 of the Waqf Act, the Civil Court lost its jurisdiction to entertain the civil suits concerning Waqf property.

With the aforesaid observations, the judgment and decree passed by the lower appellate court and that of the trial court was set aside. The Court further directed the trial court to return the Plaint to the Respondent/Plaintiff for presentation of the same before Waqf Tribunal, which shall proceed with the matter from the stage of framing of issues. Accordingly, the appeal was allowed.

Case Title: Rakesh Kesharwani & Ors. v. Imam Bada Shahedaan Karbala Through Mutwali Shafique [S.A. 785/2023]

Case Citation: 2023 LiveLaw (MP) 63

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