JINDU BALA Vs. ZILA PARISHAD SRIGANGANAGAR AND ANR

JUDGEMENT

(1.) This appeal under Section 100 CPC is directed against judgment and decree dated 14.10.1993 passed by Additional District Judge No.1, Hanumangarh, Camp Sangaria, whereby, the appeal filed by the appellant against judgment and decree dated 06.09.1991 passed by Munsif, Sangaria has been rejected. The trial court by its order dated 06.09.1991, had ordered return of plaint to the plaintiff for filing the same before the forum of competent jurisdiction.

(2.) The facts in brief may be noticed thus: the appellant filed a suit before the trial court against Zila Parishad, Sriganganagar and Panchayat Samiti, Hanumangarh seeking to question her termination from service on account of the fact that the same was in violation of principles of natural justice.

(3.) The trial court after the written statement was filed, framed a preliminary issue as to whether the civil court has jurisdiction to try the suit and after hearing the parties, by order2 dated 06.09.1991 came to the conclusion that in view of provisions of Rajasthan Civil Services (Appellate Tribunal) Act, 1976, the civil court had no jurisdiction to try the suit and directed return of plaint under Order VII, Rule 10 CPC. Feeling aggrieved, the appellant filed appeal under Order XLIII, Rule 1 (a) CPC and in the said appeal, the appellate court affirmed the finding of the trial court and held that passing of the order for return of plaint was just and proper.