ABDUL RASHID GUROO Vs. MOHAMMAD DAR

JUDGEMENT

(1.) The appellants filed a suit titled Abdul Rashid Guroo and another vs. Mohammad Dar in the Munsiff Court at Ganderbal. Preliminary issue about maintainability of the suit and jurisdictional competence of the court to try such a suit, came to be decided by the trial Court on 30.10.2000, in terms holding that the trial court jurisdiction to hear the matter is barred under the Agrarian Reforms Act and ordered return of the plaint to plaintiff for presentation before proper forum.

(2.) The plaintiffs' filed Civil 1st Appeal against this judgment dated 7-2-2001 of the court below challenging same on grounds taken thereto. During the pendency of the appeal, the appellants filed an application with prayer for treating the Appeal as Civil Revision against the impugned order.

(3.) Mr.Zahoor A Shah, despite opportunity has not placed on record any written objection to the CMP for treating the Appeal as revision. However, the counsel has challenged the maintainability of the appeal as also the revision in this court Mr. Shah submits that the order passed by the Munsiff Ganderbal holding that it has no jurisdiction to try the suit and passing directions for return of the plaint to plaintiff for presenting same before the proper forum is fully covered by 0.7 R.10 of CPC. Such an order is appealable under Section 104 read with 0.43 R 1(a) Therefore, the revision would not lie in terms of Section 115 of the Civil Procedure Code. The appeal against the order of the Munsiff would lie to District Judge, Srinagar. Therefore, Mr.Shah prays that the appeal is incompetent