- (1.) This first appeal under Section 96 CPC has been filed against the judgment and decree dated 22.11.1995 passed by Additional District Judge No.1, Jaipur City, Jaipur in Civil Suit No. 35/1983 whereby the suit for compensation has been decreed by the court below for the amount of Rs.30,100/-.
(2.) The short facts of the case leading to filing of this appeal are that plaintiff respondent filed a civil suit to recover the amount of Rs. 51,050/- as compensation on account of loss sustained by them due to damage of Jeep No. R.R.B. 5453 which was alleged to have taken place on 2.6.1992. The contention of the appellant before the court below was that the civil court has no jurisdiction to hear and decide the present suit as the claim has been submitted under the Motor Vehicles Act but the court below has not framed any issue and the question of jurisdiction has not been decided which goes to the root of the case, hence this appeal.
(3.) Heard the learned counsel for the parties and perused impugned judgment and decree as well as the original record of the case.;