Atul Kumar Jain, J. - (1.) IN Civil Suit No. 73/2011 titled as Raghuveer Singh v. Smt. Usha Singh & Anr. pending in the court of ADJ No. 6, Jaipur Metropolitan Jaipur, an application was filed under Order 7 Rule 11 CPC by defendant No. 2 Nawal Singh and that application was dismissed by the said court. In Civil Revision Petition No. 39/2012. Nawal Singh has challenged the said order dated 10.04.2012 before us.
(2.) IN Civil Suit No. 74/2011 titled as Mandhata Singh v. Smt. Usha Devi & Anr. pending in the court of ADJ No. 6, Jaipur Metropolitan Jaipur, an application was filed under Order 7 Rule 11 CPC by defendant No. 2 Nawal Singh and that application was dismissed by the said court. In Civil Revision Petition No. 39/2012. Nawal Singh has challenged the said order dated 10.04.2012 before us. In both these appeals it has been mentioned in the memo of appeal that the plaintiff (respondent No. 1) had filed the suit for the land situated at village Chittora Tehsil Phagi, District Jaipur for which the territorial jurisdiction lies with the Additional District Judge Sambhar Lake and the court below which has passed the impugned order has no territorial jurisdiction in the matter.
(3.) THE court below has not decided the issue of jurisdiction and it has observed that the issue of limitation and issue of territorial jurisdiction is a mixed question of law and fact for which evidence of both the parties will have to be recorded and only then after these issues may be decided.;