LAWS(ALL)-2013-5-189

JAGJEET KAUR Vs. CHARAN SINGH

Decided On May 21, 2013
Jagjeet Kaur Appellant
V/S
CHARAN SINGH Respondents

JUDGEMENT

(1.) Heard learned counsel for both the parties.

(2.) The question involved in this writ petition is as to whether O.S. No.403 of 2009, Charan Singh and others Vs. Smt. Jagjeet Kaur and others is maintainable before the civil court or revenue court. Petitioner is defendant No.1 in the suit. Trial Court/ Additional Civil Judge (J.D.), Court No.3, Rampur through order dated 01.10.2012 held that the question of jurisdiction was a mixed question of fact and law, hence issue No.6 pertaining to the jurisdiction would be decided after the evidence. Against the said order, petitioner filed Civil Revision No.71 of 2012. A.D.J., Court No.4, Rampur dismissed the revision by a detailed order on 11.02.2013, hence this writ petition.

(3.) The order passed by the Civil Judge is extremely sketchy.