SADHU RAM Vs. RAM KISHORE

JUDGEMENT

(1.) LEARNED Counsel for the appellant submits that the matter is covered by the judgment of coordinate bench of this Court in the case of Laxman Lal v. Kanti Lal and Ors. (S.B. CMA No. 459/2008) decided on 1 5/9/2008. He submits that the issue of territorial jurisdiction was not even framed and after the trial was completed, the learned MACT, Bhadra dismissed the claim petition only on the ground of lack of territorial jurisdiction with it. While controverting the ground of said dismissal of claim petition, learned Counsel for the appellant submits that at the fag end of the trial, the learned Tribunal should not have dismissed the claim petition on the ground of territorial jurisdiction.

(2.) THIS Court in the aforesaid judgment held as under:

(3.) ACCORDINGLY , this appeal is allowed. The impugned order dated 2/8/2008 is set aside and the matter is remanded back to the learned Tribunal with a direction to pass the award on merits. No order as to costs.