SUNIL KUMAR PRADHAN Vs. BINAYA KUMAR DASH

JUDGEMENT

(1.) This Civil Revision involves challenge to an order dated 25.11.2014 passed by the learned Civil Judge (Senior Division), Angul in Civil Suit No.115 of 2009 rejecting an application under Order 14, Rule 2 of the Code of Civil Procedure.

(2.) Short background involved in the case is that the plaintiff-opposite party herein filed the suit against five defendants-petitioners herein for declaration of suit schedule property to be registered in the name of the plaintiff with other consequential reliefs indicated therein. During pendency of the suit, after filing the written statement, while the suit was being taken up for hearing, the defendants filed a petition under Order 14, Rule 2 of the Code of Civil Procedure asking for deciding the suit on preliminary issue on the ground of territorial and pecuniary jurisdiction as well as the suit being hit by provision of law created under the O.L.R. Act. Hearing the parties involved in the suit as well as in the application under Order 14, Rule 2 of the Code of Civil Procedure, the court below rejected the application on 25.11.2014 with the observation that the issues raised therein involves question of law and fact and such issues cannot be decided as preliminary issues.

(3.) Assailing the impugned order, Sri Pradhan, learned counsel appearing for the petitioners submitted that the question relating to the court trying the suit having no territorial jurisdiction being beyond the jurisdiction of the court for the facts situation involved herein is a purely question of law, the trial court failed in appreciating such aspect. Sri Pradhan, learned counsel for the petitioners also submitted that looking to the nature of pleadings and the prayer involved therein, the trial court failed to appreciate the provision of law prescribed under Section 16 of the Code of Civil Procedure requiring a suit to be tried where the immovable property situates. Further, the property since involved particularly. The petitioner no.5, being a member of Scheduled Caste, transfer or alienation of the property of a Scheduled Caste member in favour of the members of the other caste, compliance of provision at Section 22 (4) of the O.L.R. Act is mandatory. It is thus contended that the relief sought for in the suit is hit by provisions of the O.L.R. Act. Further, the trial court has also failed in appreciating the valuation of the suit. It is under the premises, Sri Pradhan, learned counsel appearing for the petitioners-defendants requested this Court for interfering in the impugned order.