SURYAKANT GUPTA Vs. B L SARAF

JUDGEMENT

(1.) INSTANT plaintiff's. first appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 30-1-2002 passed by the 1st Additional District Judge, Rajnandgaon in Civil Suit No. 11-B/2001, whereby and whereunder plaintiff's suit has been dismissed.

(2.) FACTS of the case in brief are that the plaintiff instituted a suit for recovery of Rs. 40,345.18 against the respondents. The Trial Court having found it had no territorial jurisdiction to decide the above suit vide its order dated 10-4-1995 directed for return of plaint. The plaintiff preferred M.A. No. 343/95 before the High Court of M.P. The High Court of M.P., vide its order dated 18-2-2000 directed the Trial Court to proceed with the case on merit in accordance with law by holding; it is not open to the learned Court below to decide the disputed question of fact without recording the evidence and decide the issue as to the jurisdiction as preliminary issue. If the plaintiff's allegations are seen, that clearly amounts to giving the jurisdiction to the Rajnandgaon Court.

(3.) ON the other hand, Shri Sanjay K. Agrawal, learned Counsel for the respondents would submit, in view of amendment in the CPC all issues both of law and fact were required to be decided together and the suit had to be disposed of as a whole based upon the finding of the Trial Court on all issues both of law and fact. The Trial Court after deciding all the issues having found it had no jurisdiction to try the suit had rightly dismissed the suit.