JYOTSNARANI PADHI Vs. SUSILA PADHI

JUDGEMENT

(1.) THIS Civil Revision is directed against the Order Dated 7.7.2007 passed by the Learned Civil Judge (Senior Division), Bhanjanagar in C.S. No. 42 of 2006.

(2.) PETITIONERS are defendant Nos. 1 to 4 in the suit filed by the Plaintiff opposite party Nos. 1 and 2 for a declaration that they are the wife and daughter of late Subash Chandra Padhi. Said Subash Chandra Padhi died on 13.12.2005 while he was in service. Since they are legal heirs -cum -successors of Subash Chandra Padhi, they are entitled to receive all the dues i.e. salary amount, GPF, gratuity, family pension etc. In the plaint, they have specifically stated that during the lifetime of Subash Chandra Padhi, he was not pulling on well with the plaintiffs for which they were living separately. Subash Chandra Padhi was paying maintenance to them as per the order passed by the Learned S.D.J.M., Bhanjanagar vide Misc. Case No. 101 of 1988 in a proceeding under Section 125 Cr. P.C. They have further pleaded that after the death of Subash Chandra Padhi, they applied to the Tahasildar, Bhanjanagar for legal heir certificate.

(3.) WHILE the matter stood thus, the Petitioners filed a petition under Order 7, Rule 11 read with Section 16 of the Civil Procedure Code to the effect that the Court of Bhanjanagar lacked territorial jurisdiction to try the suit and prayed for rejection of the plaint. The Learned Civil Judge (Senior Division), Bhanjanagar rejected the petition of the Petitioners on 7.7.2007 on the ground that the Court has the jurisdiction to try the suit as per Section 20 of the Civil Procedure Code. Hence, the Petitioners have filed this civil revision challenging the findings of the Learned Civil Judge on the ground that the Court below has exercised its jurisdiction illegally and with material irregularity.