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Judgment
Heard Mr. D.K. Daschoudhury, learned counsel appearing for the appellants. None appears for the respondents.
Mr. D.K. Daschoudhury, learned counsel has urged to formulate an additional substantial question of law.
After hearing Mr. Daschoudury, learned counsel, in my opinion also, the following additional substantial question of law should be formulated, and, it is formulated thus:
"Whether the learned Civil Judge, Junior Division, Sabroom, South Tripura has got pecuniary jurisdiction to try the suit in view of his finding that "However it is an admitted fact by the plaintiff that the suit land is 5 kanis 9 gandas and the rate of the suit land as per exhibit 3 is fifty five thousand per kani. It is trite that there is a presumption towards jurisdiction and the said can be corrected by paying the remaining court fees in view of the provisions of the court fees act."
A plain reading of this finding of the learned trial Court makes it clear that at the time of delivering the judgment, the learned trial Court came to a clear finding that he had no jurisdiction to try the suit.
It is settled law that the question of jurisdiction goes to the root of the case, and if the Court passes a decree having no jurisdiction, the judgment and decree passed by the same Court is a nullity in the eye of law.
Unfortunately, the learned first appellate Court also did not notice of this admitted position that the learned trial Court had no jurisdiction to try the suit.
Since the question of jurisdiction goes to the root of the case and makes the decree a nullity, I set aside the judgment and decree dated 28.07.2015 and 29.08.2015 respectively, passed by the learned Civil Judge(Jr. Division), Sabroom, South Tripura, in T.S. No.06 of 2013, and also the judgment and decree dated 08.01.2018 and 11.01.2018 respectively, passed by the learned first appellate Court in TA No.07 of 2015, and return the plaint to the appropriate Court, having jurisdiction to try the suit.
Having receipt of the order of this Court and the records therein, the learned Court below shall return the plaint to the appropriate Court having pecuniary jurisdiction to try the suit.