N.M. KASLIWAL, J. — Both these revisions are disposed of by one single order as identical question of law is involved in both these cases.

2. Briefly stated the facts of the case are that Mohammad Saeed and Mohammad Shafiq who are real brothers were married to Shagufta Yashmin and Shabana Tabassum who are also real sisters. Mohammad Saeed filed suit No. 122/1979 and Mohammad Shafiq filed civil suit No 121/1979 for restitution of conjugal rights and injunction in the Court of Munsif and Judicial Magistrate, Karauli. In both the cases an objection was raised that the suit was not maintainable in the Court at Karauli. The trial court had framed six issues out of which issue No. 3 was with regard to the jurisdiction of the Karauli Court. The trial court considered the said issue as a preliminary issue and allowed the parties to lead evidence. The plaintiff in support of his case examined two witnesses and the defendant examined six witnesses. The learned trial court then heard the arguments on issue No 3 and held that both the parties were living at Jaipur and as such returned the suit for presentation to proper court. Aggrieved against the aforesaid order the plan tiff filed appeals in

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