RAMESH BHARDWAJ Vs. RAM SARAN DASS

JUDGEMENT

(1.) THIS petition has been directed against the order dated 9th February, 1998, passed by the Senior Sub Judge, Chandigarh. By this order, the learned trial court has dismissed the objection of the petitioner (who is respondent before the learned trial court) that the Court has got no jurisdiction to try the petition. Notice of this petition was issued to the respondent.

(2.) BRIEFLY stated the facts of the case are that Ram Saran Dass (who is the respondent-herein and is the father of the minors) was married with Renu daughter of Dharampal and from their wedlock, son namely Ritan and daughter namely Ritika were born on 25.1.1992 and 6.9.1994, respectively. The respondent with his members of his family was residing at H.No. 2849, Sector 40-C, Chandigarh. The wife of the respondent namely Renu died on 28.6.1996. The brother of said Renu namely Ramesh Bhardwaj (petitioner herein) lodged an FIR in Police Station Sector 39, Chandigarh that death of said Renu was not a natural death and thereafter the respondent was arrested by the Chandigarh Police and a case was registered against him under Section 304-B, IPC.

(3.) DURING the pendency of the application filed by the respondent under Section 25 of the Act, the petitioner took a preliminary objection in the written statement that the Court had no jurisdiction to try the case and this objection has been dismissed by the learned trial Court. Against the order dismissing the said objection of the petitioner, the present petition has been filed.