S. R. SATHE, J.:- The following issue is referred to this Division Bench for consideration.

"While deciding the suit finally after parties have led evidence on all issues when a court comes to the conclusion that it lacks jurisdiction to hear and decide the suit, whether it is necessary for the court to decide other issues on merits at the time of or before passing the order of return of plaint."

2. It would be worthwhile to mention the facts giving rise to the above reference.

Jagdish Hari Thatte and 6 others filed L.C. Suit No.3856 of 1985 against the Municipal Corporation of Greater Bombay and State of Maharashtra in Bombay City Civil Court for declaration and permanent injunction restraining the defendants from implementing the threatened action in their several notices. The defendant No.1 filed its written statement and raised several contentions. One of the said contentions was that the City Civil Court has no jurisdiction to try the said suit in view of the provision of Section 149 of the Maharashtra Regional and Town Planning Act, 1966 (hereafter referred to as MRTP Act).

3. On the pleadings of the parties the learned trial Judge framed as many as six issues. One of the said i

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