MUTHULAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 21.11.2001 passed by the Third Additional District Munsif, Pondicherry in I.A.No.2104 of 2001 in O.S.No.626 of 1999, allowing the Application filed under Order 14 Rule 2 C.P.C to take up the issue of jurisdiction as the preliminary issue before going into other issues. The Plaintiff is the Revision Petitioner.

(2.) FOR disposal of this Revision, we may briefly refer to the relevant facts: -

(3.) 12th Defendant - Revenue Officer cum Land Acquisition Officer, Pondicherry has elaborately filed the Written Statement inter -alia contending that the Second Additional District Judge, Pondicherry has ordered in L.A.O.P.No.109 of 1987 that Defendants 1 to 11 are the Rightful Owners of the lands covering an extent of 14 acres 16 cents and directed the payment of amount of Rs.4362.85/ - to each one of them. It is the contention of the Defendant that balance amount of Rs.2,08,999.55 was ordered to be kept in the Civil Court Deposit until the ownership in respect of remaining extent of land is decided by the Court. Learned Second Additional Judge gave liberty to the parties to reopen the proceedings by furnishing fresh documents and evidence to prove their title. Without filing any appeal against that Judgment, the Plaintiff has filed the Suit. The Plaintiff has no right to reopen the same issue by invoking the jurisdiction of the District Munsif Court. The District Munsif Court has no jurisdiction to deal with the matter and the suit is liable to be dismissed.