Anil Kumar Sen, J. - (1.) This is a revisional application at the instance of the defendant in a suit for ejectment.
(2.) In this application the petitioner challenges an order dated April 29, 1977, passed by the learned Munsif, 2nd Court at Alipore in Title Suit No. 233/73 whereby the learned Munsif over-ruling the defendant's objection as to jurisdiction dismissed his petition dated April 25, 1977. It would be necessary to refer to the facts lying in the background which may shortly be stated as follows :
(3.) The plaintiff opposite party filed the aforesaid suit on June 25, 1973, praying for a decree for eviction as against the defendant-petitioner from the suit premises situate within police station Beniapukur, district 24 Parganas. It now appears that the police station Beniapukur falls within the territorial jurisdiction of the Munsif at Sealdah though the same is contiguous to the police station Karaya which falls within the jurisdiction of the learned Munsif at Alipore. It is obvious that the plaintiff made a mistake in filing the suit in the court of the learned Munsif at Alipore instead of filing the same in the court of the learned Munsif at Sealdah-both, however, falling within the same district. The defendant-petitioner filed his written statement on June 27, 1974, but no objection as to the lack of jurisdiction of the court in which the suit had been filed was taken in this written statement. It is also not in dispute that several proceedings were gone into since then and the suit was ultimately taken up for actual hearing. After some witnesses were examined and documents marked as exhibits in course of actual hearing, the petitioner filed a petition dated April 25, 1977, raising an objection that the court had not the jurisdiction to entertain the suit since the suit property is situate within the police station Beniapukur outside the territorial jurisdiction of the learned Munsif at Alipore.;