RAM NARAYAN Vs. CIVIL JUDGE S D MANDALGARH

JUDGEMENT

(1.) In this writ petition, the defendants-petitioners have assailed validity of order dated 27.5.03 passed by the Civil Judge (S.D.), Mandalgarh, District Bhilwara in civil suit No.9/02 whereby a issue with regard to jurisdiction of the Court has been decided as preliminary issue against the defendants and in favour of the plaintiff.

(2.) The plaintiff-respondent filed a suit for recovery of possession u/s 6 of the Specific Relief Act, 1963( in short "the Act of 1963" hereinafter) in respect of a house purchased by him by way of registered sale deed dated 16.3.02 from the defendants-petitioners. The suit is being contested by the defendants-petitioners by filing a written statement. On the basis of the pleadings of the parties, the learned trial Court framed the issues wherein Issue No. 5 was as to "whether the suit is within the jurisdiction of the Court ?"

(3.) The defendants-petitioners preferred an application under Order VII Rule 10 stating therein that the subject matter of the suit exceeds the pecuniary jurisdiction of the Court therefore, the plaint deserves to be returned to the plaintiff for proper presentation or the same may be rejected under Order VII Rule 11.