BANK OF INDIA Vs. SATIMA COLD STORAGE

JUDGEMENT

(1.) This revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of a defendant in a suit for declaration, injunction and recovery of money and is directed against Order No. 60 dated Aug. 29, 1998 passed by the learned Civil Judge, Senior Division, Burdwan in Title Suit No. 21 of 1995 thereby disposing of a preliminary issue as to the jurisdiction of the Court to entertain the suit in affirmative.

(2.) The opposite p ies filed the aforesaid suit in the Court of learned Civil Judge, Senior Division Burdwan thereby praying the following reliefs :

(3.) The present petitioners having raised the dispute as to the competence of a Civil Court to entertain such a suit, a preliminary issue as to whether the Court had jurisdiction to try the said suit was framed and the same was heard as preliminary issue as per order of this Court in a first misc. appeal arising out of an order of injunction in connection with the said suit.