VIJAYA S PALEKAR Vs. BARNADO CHARLIO LOBO

JUDGEMENT

(1.) HEARD Shri Sudesh Usgaonkar, learned Counsel appearing for the petitioner and Shri R. Menezes, learned Counsel appearing for the respondents.

(2.) THE above petition challenges an order dated 30/11/2009 passed by the learned Civil Judge Junior Division, Panaji in Regular Civil Suit No.105/2007/D/C whereby the suit filed by the petitioner came to be dismissed in view of an application filed by the respondents to the effect that the Civil Court has no jurisdiction to decide the suit.

(3.) SHRI R. Menezes, learned Counsel appearing for the respondents has raised a preliminary objection to the maintainability of the above petition on the ground that the impugned order is essentially an order passed under Order 7 Rule 11 of the Civil Procedure Code and as such according to him the relief which has been granted is in terms of Order 7 Rule 11. The learned Counsel has pointed out that the suit has been dismissed essentially on the ground that the suit is barred by the provisions of City Corporation of Panaji Act, 2002. The learned Counsel as such submits that the petitioner has an alternate remedy and should be relegated to file an appeal before the learned District Judge due to the pecuniary jurisdiction of the suit.