CHANDANSINGH Vs. KOKILA

JUDGEMENT

(1.) Upon hearing learned counsel appearing for both the parties, the petition is taken up for final hearing.

(2.) Rule. Rule is made returnable forthwith.

(3.) By this petition, the petitioner questions order passed by learned Joint Civil Judge Senior Division, Chandrapur, in Regular Civil Suit No.46 of 2006, whereby it appears that application under Order VII Rule 11 of the Code of Civil Procedure at Exh.26 was filed with a prayer for rejection of the plaint. According to defendant No.1 who filed the application for rejection of the plaint, the trial Court had no jurisdiction to entertain and try the suit. Thus, in stead of rejecting the plaint, the trial Court by passing order on 23.4.2014, below Exh.1, dealt with a preliminary issue as to jurisdiction of the Court to try the suit.