JUDGMENT - V.C. DAGA, J.:---This revision is direction against the judgment and order dated 24th October, 1997 passed by the Fourth Additional District Judge, Pune in Misc. Civil Appeal No. 549 of 1993 arising out of judgment and decree dated 27th September, 1993 passed by the Joint Civil Judge, Senior Division, Pune in Regular Civil Suit No. 481 of 1991; whereby the petitioner was held to be a person not belonging to nomadic tribe was confirmed.

ISSUE

2. The short question that arises for consideration under section 9 of Civil Procedure Code, 1908 ("C.P.C." for short) is as to whether the Civil Court has jurisdiction to entertain and try the suit challenging the order directing cancellation of caste certificate issued in favour of the petitioner.

THE OPERATIVE PART OF THE ORDER

Having heard the parties at length, this revision was dismissed on 7th June, 2001 for the reasons to be recorded subsequently. I accordingly give my reasons for dismissing this revision. The reasons are based on the following facts:

THE FACTS

3. The petitioner claims to be a person belonging to "Hindu Rajput Lohar" community. He had obtained caste certificate on 18th August, 1981 from the Tahasildar and Executive Magistrate, Pune. He was appointed as Head Master of one Raja Dhanrajgiri High School, Pune, which is run by respondent No. 4. There was a complaint against the petitioner/plaintiff with regard to his caste. An enquiry was made by Tahasildar, Pune with regard to the caste of the petitioner. The Tahasildar, Pune, vide his order dated 13th January, 1986 declared that the petitioner did not belong to "Hindu Rajput Lohar" caste. Consequently, the caste certificate issued in favour of the petitioner was cancelled.

4. The petitioner approached this Court with Writ Petition bearing No. 2784 of 1986 to challenge the above order dated 13th January, 1986. This Court directed fresh enquiry by another officer. Accordingly, fresh enquiry was conducted and again adverse order came to be passed on 27th November, 1990 holding that petitioner did not belong to "Hindu Rajput Lohar" caste. Consequently, again it was held that the caste certificate obtained by the petitioner was bad and illegal. Thus by order dated 27th November, 1990, caste certificate issued in favour of the petitioner was cancelled by the Collector, the defendant No. 1.

5. The petitioner again approached this Court with another Writ Petition Bearing No. 5561 of 1990 to challenge the order dated 27th November, 1990; passed by the Collector, Pune. This Court rejected the said writ petition by observing that the petition contained disputed questions of fact.

6. The petitioner faced with the above situation approached Civil Court with a suit for declaration and injunction and sought a declaration that the order dated 27th November, 1990 passed by the Collector was bad and illegal and also prayed for consequential relief of injunction.

7. On being summoned, the defendants appeared before the trial Court. The defendant No. 4 filed its written statement (Exhibit 53) and contended that the Civil Court did not have jurisdiction to entertain and try the suit. The trial Court framed a preliminary issue with regard to jurisdiction of the Civil Court to entertain and try the suit. Both the parties chose not to adduce any oral evidence but to rely upon the averments made in the plaint. The trial Court heard both the parties and after considering the material on record found that it had no jurisdiction to entertain and try the suit. The trial Court, accordingly, directed return of the plaint for presentation to the appropriate Court.

8. Feeling aggrieved by the judgment and decision rendered by the trial Court, the petitioner filed appeal being Misc. Civil Appeal No. 549 of 1993 against the order under Order 43, Rule 1(a) of Civil Procedure Code, 1908 ("C.P.C." for short). The said appeal was heard by the Fourth Additional District Judge, Pune, and after hearing the parties to the appeal, the lower Appellate Co

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