JYOTSNABEN RAMESHCHANDRA JASANI Vs. AVANISH CHIMANLAL MANIAR

JUDGEMENT

(1.) HEARD the learned advocates for the parties.

(2.) THE petitioners are original defendants. They have challenged an order dated 11.4.2007 passed by the lower Appellate Court below Exhs.23 and 8 in Civil Misc. Appeal No.22 of 2007. It is a case of the petitioners that Appeal from Order filed by the respondents -original plaintiffs was not maintainable before the District Court and, that therefore, they raised preliminary objections regarding the jurisdiction of the District Court under application Exh.8. He also filed application Exh.23 requesting the Court to hear and decide the question of jurisdiction as a preliminary issue. These applications were considered by the learned Judge under his impugned order dated 11.4.2007. It was concluded that the question of jurisdiction shall be decided while hearing the appeal finally.

(3.) WHEN the petitioners had raised the issue of jurisdiction of the Appellate Court and had also tried to place the material in support of such objections, in the facts of the present case, it was desirable that the Appellate Court should have considered this question at the outset. Reserving the issue for being disposed of finally while deciding the appeal was, in the facts of the case, not appropriate.