MARIAMBAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant -plaintiff has directed this appeal against the judgment and decree dated 30.3.95, rendered by IV Additional District Judge, Dhar in Civil Suit No. 2A of 94. thereby, dismissing the suit of the appellant for partition, possession and permanent injunction with regard to the land in dispute.

(2.) THE facts necessary for disposal in this appeal are that the Appellant has filed suit against respondents for partition, possession and permanent injunction with regard to the agricultural lands bearing different survey numbers admeasuring area 4.650 hactares situated in village Sagore District Dhar, against respondent originally in the Court of II Civil Judge, Class -II, Dhar. The aforesaid suit was registered as civil original suit No. 39A/89. The defendant/respondents filed their written statements and contested the suit. The Civil Judge, Class -II, Dhar by its order dated 8.3.90 decided issue No. 6 and held that the Court of Civil Judge, Class -II, has no jurisdiction to try the suit filed by the appellant and ordered returning of the plaint for presentation to the proper Court under Order VII Rule 10 of the Code of Civil Procedure.

(3.) WITHOUT going into merits of the case, considering the facts and procedure adopted by the Additional District. Judge, Dhar, for the disposal of Civil Suit 2A/94, is prima facie, illegal and contrary to the provisions of the Civil Procedure Code. In the facts and circumstances of the case, when plaint returned by the Civil Judge, Class -II, Dhar was presented before the Additional District Judge, it was necessary for him to issue notice to the respondents directing them to file their written statements if they so choose and thereafter should have framed issue on the basis of the pleadings of the parties before him and should have disposed of the suit on the basis of the evidence recorded or produced before him. The Additional District Judge without applying the proper procedure passed the impugned judgment and decree which are nullity and illegal and deserve to be demolished on the sole ground.