JEER MUTT Vs. J MOHAMED IBRAHIM

JUDGEMENT

(1.) THOUGH the Miscellaneous Petition is listed today, by consent of both the counsel, the civil revision petition itself is taken up for final disposal.

(2.) THIS Civil Revision Petition has been filed by the petitioner challenging the order-dated 28. 11. 2005 made in I. A. No. 804 of 2005 in o. S. No. 66 of 2004 on the file of the learned Additional District Munsif, nanguneri.

(3.) THE petitioner/second defendant has entered appearance before the lower Court and he has filed I. A. No. 804 of 2005 under Order 14 Rule 2 and Section 151 C. P. C. , requesting the Court to frame a preliminary issue "whether the suit is maintainable or not before the Civil Court, in view of the bar contained in Section 30 of the Land Acquisition Act". After hearing both sides on the said question of maintainability, the learned Additional District munsif has dismissed the said I. A by an order dated 28. 11. 2005, holding that the question of jurisdiction of the Civil Court can be decided only during trial of the case and it will be pre-mature to decide the said issue at that stage. It is the said order, which is under challenge in this civil revision petition.