MATUKKI Vs. RAJWANTI

JUDGEMENT

(1.) HEARD Sri R.N. Singh learned Senior Counsel assisted by Sri A.K. Rai, learned Counsel for the plaintiff appellants and Sri S.K. Verma, learned Senior Counsel assisted by Sri Siddharth Verma for the defen dant respondent. This second appeal of the year 1996 has been listed for final hearing and is being decided finally today itself.

(2.) THIS second appeal has been filed by the plaintiff against the judgment and decree dated 14.12.1995 passed in Civil Appeal No. 11 of 1993 by the 1st Additional District Judge, Sonebhadra whereby the first Appellate Court has allowed the appeal filed by the defendant and dismissed the suit of the plain tiff.

(3.) FROM the said decision it appears that when the Civil Court has no ju risdiction over the suit it cannot decide any question on merits but it can decide only the question of jurisdiction and if it comes to a conclusion that it had no jurisdiction over the matter it had to return the plaint. According to Sri Singh when the First Appellate Court found that the Civil Court had no jurisdiction for want of any interest of the plaintiff in the land in question due to absence of any revenue entry in her favour the First Appellate Court rightly held that it had no jurisdiction to entertain the suit and hence in view of the provisions of Order VII Rule 10, CPC it ought to have returned the plaint for presentation before the Competent Court. He, therefore, submits that the dismissal of the suit of the plaintiff by deciding the dispute between the parties on merits and then holding that the Civil Court had no jurisdiction is an error apparent committed by the First Appellate Court.