SMT. MARJADI AND OTHERS Vs. UMAPATI AND OTHERS

JUDGEMENT

(1.) THIS is a Plaintiffs' second appeal against the judgment and decree of the Addl. Civil Judge, Jaunpur, allowing, the appeal and dismissing the Plaintiffs' suit on the ground that the suit was not cognizable by the civil court.

(2.) PLAINTIFF No. 1, Smt. Marjadi and Plaintiffs 2 and 3 who claim to be the transferees of Smt. Marjadi's property filed the suit against Defendants Respondents 1 to 4 for cancellation of a sale deed purported to have been executed on 16 -6 -62 in respect of the property of Smt. Marjadi, with the allegation that the said sale deed was not executed by Smt. Marjadi but was executed by an imposter who personated as Smt. Marjadi. It was further alleged that the effect of the execution of the sale deed and the order of the mutation court had created a cloud on the title of the Plaintiffs. Hence the necessity for cancellation of the sale deed. The Defendant Respondents denied that the sale deed was not executed by the real Smt. Marjadi. According to them, the Plaintiff No. 1 was not the widow of Ram Sajiwan and the real Smt. Marjadi. The question of jurisdiction of the civil court was also raised.

(3.) THE judgment of the lower appellate court dismissing the suit on the ground that the same was not cognizable by the civil court is, on the face of it, wrong. If the lower appellate court had found that the suit was instituted in the wrong court the proper course for it was to return the plaint for presentation to the proper court Under Order 7, Rule 10, Code of Civil Procedure .