SRI LAKSHMINARAYANA PANIGRAHI Vs. SRI JAGANNADHASWAMY TEMPLE

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against an order made on 8 -9 -1999 in I.A.No.126/99 in O.S.No.81/91 on the file of Junior Civil Judge, Sompeta.

(2.) THE Revision Petitioner is the petitioner in I.A.No.126/99 and the defendant in O.S.No.81/91 on the file of Junior Civil Judge, Sompeta. The Revision Petitioner -defendant filed the application under Order 14 Rule 2 C.P.C. r/w. Section 151 C.P.C. to try Issue No.3 relating to the jurisdiction as the preliminary issue and the said application was dismissed by the court below and aggrieved by the same, the present Civil Revision Petition is filed.

(3.) SRI V.L.N.G.K. Murthy, the learned counsel representing the respondent had contended that the respondent -plaintiff is Devasthanam represented by its Executive Officer and the suit is a very old one and the aspect of jurisdiction, though raised in the written statement, only after the matter was made part -heard, with a view to delay the matter, the Revision Petitioner -defendant had thought of this application. The normal principle is that all the Issues are to be tried together and the learned counsel also had taken me through the relevant provisions of the Code of Civil Procedure and had placed reliance on BAIRAGI CH.DAS Vs. KARTIK CHANDRA DAS AND OTHERS 1; DHIRENDRANATH CHANDRA Vs. APURBA KRISHNA CHANDRA AND OTHERS 2 and also USHA SALES LTD Vs. MALCOLM GOMES AND OTHERS3.