- (1.) THE present application in revision has been filed as against an order dt. 14-6-1988 passed by the learned 4th Additional Civil Judge, Dehradun, by virtue of which application for deciding the question of jurisdiction as preliminary issue has been rejected.
(2.) THE contention of the applicant is that under S.21, C.P.C. the objection as to jurisdiction having been raised at the initial stage the Court committed an error in rejecting the said application. It was further contended that the decision suffers from illegality insofar as it holds to the contrary while referring to the case Sausa Musa Sugar Works v. Chunnilal Choraria, AIR 1975 Gauhati 34. In that case the Court did not record finding that the case cannot be decided subsequent to the date of filing the written statement. It was further contended that the Courts view that while weighing the fact evidence shall have to be led twice was not a proper approach and in doing so it fell into error and thus it calls for interference by this Court. I have heard the learned counsel for the applicant and perused the impugned order and gone through the records. I do not find any illegality or any jurisdictional error committed by the Court white rejecting such an application. The Court has held that this question of jurisdiction would be decided after the filing of the written statement and after evidence are led since question of jurisdiction is such which can only be decided after such a stage.
(3.) THERE is nothing in S.21, which makes it mandatory for the Court to decide the question of jurisdiction as a preliminary issue. The said Section after it has been amended in 1977 incorporates that no objection regarding jurisdiction shall be allowed to be raised by any appellate or revisional Court unless such an objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice. This Section is inapplicable to the fact of the present case. Since an objection of jurisdiction has been raised at the initial stage the principle enunciated therein could not be relevant for the purpose of this. There is nothing under S.21, C.P.C. which enables the question of jurisdiction to be raised and decided as a preliminary issue.;