MAHABIR SINGH Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) I have heard the arguments. The learned counsel for the appellant states that the plaint was presented before the lower Court and even if it had no jurisdiction on facts, the exercise of the lower Court with regard to jurisdiction would not have been illegal but I fail to subscribe to that view. In this case the suit has also been dismissed as barred by time and the Appellate Court has agreed with the trial Court on this point. In my view once the Court comes to a conclusion that it has no jurisdiction, the question of giving a finding whether the suit is barred by time or not becomes unnecessary. Finding on issue No. 1 given by both the Courts below is set aside and the Court having jurisdiction will decide this issue afresh.

(2.) The learned counsel for the appellant has been intimated that the Court at Rohtak had no jurisdiction as already held by the two Courts below. He may now file an application as required by Rule 10-A(2) of Order 7 of the Code of Civil Procedure, 1908. To come up on 3.4.1987 for filing application.