Mohamad Bhat vs Sattar Malik & Ors.

By virtue of the impugned order, the trial court observing ""that the case pertains to the jurisdiction of Badgam district because the parties as well

as the suit property belongs to that district. This has never been pointed out till to day"" proceeded too motu to make following order, namely :

Thus the case be sent to the District Judge Badgam, along with the order of today for sending it to the proper forum.

The petitioner's counsel has contended that there was no issue nor even any objection was raised in the written statement with regard to the

jurisdiction and, as such, the trial court ought not to have gone into this question and forwerded the case to the District Judge, Badgam. There is

merit in this contention. The trial court has completely misdirected itself. Merely because the property was situated in Badgam district or because

the parties belonged to that area, it could not be necessarily inferred that the trial court was not competent to try the suit. The question depended

on so many factors, as for example. Whether Badgam court was in existence when the present suit was lodged and whether the village in which the

property is situate, does really fall whin the territorial jurisdiction of Badgam court. In any event if the other side waived the objection as regards

the territorial jurisdiction, the trial court was not incompetent to try the suit unless, of course, it was otherwise incompetent to hear it. That is not

obviously so because the suit fell within the pecurdary limits of the jurisdiction of the trial court. The trial court was perfectly competent to hear and

decide the suit. Assuming, however, that an objection had been raised as regards the territorial jurisdiction and the trial court had found it in favour

of the defendant, still, it could not order that the suit be sent to the District Judge for transferring it to the appropriate forum. For, the trial court

must know that there is a provision in the form of order 7 Rule 11 C. P. C. which requires the court to return the plaint to the plaintiff for

presentation to the proper court if the court finds that it is not competent to hear and decide the same for want of jurisdiction. Viewed from any

angle, the order is bad in law and demonstrates total ignorance of law on the part of the trial judge court seems to have passed the order in a huff in

order to get rid of the case and that is really deplorable.

Allowing this revision, I set aside the order and direct that the trial court shall proceed with the trial of the case on merits and dispose of the case

in accordance with law. The party present has been directed to appear before the court below on 10th of June, 1981. A copy of this order shall

be placed on the personal file of the officer.