DAYA NAND AND OTHERS Vs. RAJBIR AND OTHERS

JUDGEMENT

(1.) Order dated 2.6.2011 passed by the lower court whereby the trial court had returned the plaint on the ground that the civil court had no jurisdiction, is under challenge in this petition.

(2.) It is claimed that the lower court, could not have summarily decided the matter of maintainability of the suit on the ground of jurisdiction at the initial stage as the parties were to be given opportunity to produce evidence and then were to address arguments on this aspect.

(3.) Counsel for the respondents, supporting the impugned order, have agitated that when the civil court was not the proper forum for adjudication of the matter in dispute, there was no need to delay and dilate decision on this aspect. It is claimed that counsel for the parties were duly heard and only then the impugned order was passed which is legally sustainable.