This revision petition arises from an order of 16.5.90 of the District Judge Udaipur made in Misc. Appeal No 1 of 1990 dismi­ssing the appeal from an order of the Munsiff Udaipur passed on 6.12.1989 in Misc. Case No 24 of 1989 arising out of Title Suit No 19 of 1989.

2. In Title Suit No 19 of 1989, the plaintiff filed an applica­tion for temporary injunction under Order 39, CPC. The learned Munsiff rejected the petition. The order was appealed to the Dis­trict Judge. The learned District Judge dismissed the appeal. Hence this petition'.

3. The reason for refusal of injunction by the courts below' that, under section 9, CPC the Civil Court has no jurisdiction to try the suit, as cognizance the suit is expressly barred by the pro­visions of the Tripura Public Premises (Eviction of Un authorized Occupants) Act, 1982. The Courts below have decided the question as to the jurisdiction of the Civil Court to try the suit in' an in­terlocutory matter.

4. The question which arises for consideration is whether a Civil Court can decide its jurisdiction to try a suit in an interlo­cutory proceeding. It settled that allegations made in the plaint decide the forum. The jurisdiction does not depend u

Click Here to Read the rest of this document