OMPRAKASH Vs. SATYANARAYAN

JUDGEMENT

(1.) The present regular appeal has been preferred against the order dtd. 12/2/2021 passed by Additional District Judge No.2, Bhilwara in Civil Original Suit No.55/2020 whereby the application under Order VII Rule 11 read with Sec. 151 of the Code of Civil Procedure as preferred by the defendants has been allowed and consequently the suit as preferred by the plaintiff has been dismissed.

(2.) Learned counsel for the appellant fairly conceded that so far as the finding of the Court below on the issue of jurisdiction is concerned, the same is in consonance with law and the same be affirmed by this Court. However, he submits that the other finding regarding the issue of limitation deserves to be quashed and set aside as once the Court below had reached to the conclusion that the Court did not have jurisdiction to entertain the suit, it could not have gone into the other issues whatever it may be.

(3.) Per contra, learned counsel for the respondent submits that the Court did have jurisdiction to do so.