Sitaram Singh, Son Of Late Sankatha Singh v. Darbhanga Municipal Corporation, Darbhanga, Through The Chief Executive Officer, Darbhanga Municipal Corporation, Darbhanga
2009-02-12
RAVI RANJAN
body2009
DigiLaw.ai
JUDGEMENT 1. Head learned counsel for the petitioners. 2. The plaintiffs-petitioners are aggrieved by the order dated 11.8.2006 passed by the Munsif, 1st Darbhanga in Title Suit No. 50 of 2003 whereby the court below has decided to consider the issue of maintainability of the suit and has fixed date for framing such preliminary issue. Defendants have raised a point that the suit is barred by provisions under Section 508 of the P.M.C. Act and as such the same is not maintainable. 3. Learned counsel for the petitioners submits that the Court cannot decide this matter as a preliminary issue rather it should have framed other issues and decided it alongwith those during the course of trial. 4. Court below has decided to take up the matter of maintainability of the suit as preliminary issue in the interest of justice. 5. I do not find any jurisdictional error in the impugned order warranting interference by this Court in its discretionary Civil Revisional Jurisdiction and as such the Civil Revision is dismissed.