LUNDANMAL Vs. POONAMCHAND

JUDGEMENT

(1.) THIS is a revision petition by the defendant Kundanmal and others against an order of the Civil Judge, Nagaur, dated the 28th of September, 1956.

(2.) IN a suit instituted by the plaintiffs, it was stated that the defendant resided at Ladnu within the jurisdiction of the lower court and the suit was, therefore, instituted in that court. The defendant disputed the correctness of the allegation that he resided within the jurisdiction of the lower court. A preliminary issue was framed whether the defendant resided at Ladnu and whether the suit lay within the jurisdiction of the court below. The lower court after trying the issue did feel inclined to give a finding as to whether the defendant resided within the jurisdiction of that court but determined the issue in favour of the plaintiffs for the reason that defendants had submitted to the jurisdiction of that court by filing a written statement and denying the claim of the plaintiffs. The court below referred to a decision of this Court in Ramanlal vs. Ramgapal (1),