By the Court.—Heard Sri Kshitij Shailendra, learned counsel for appellant and perused the record. None appeared on behalf of respondents, though the case has been called in revised. In the circumstances, we proceed ex parte to decide the appeal.

2. This appeal under Section 96 of Code of Civil Procedure has arisen from judgment and decree dated 31.1.2005 passed by Sri Dharam Singh, Additional District Judge, Court No. 3, Moradabad in Original Suit No. 617 of 2003.

3. The only point for determination for adjudicating this appeal is whether the Court below, when decided issue regarding jurisdiction holding that it has no jurisdiction to try the suit, whether could have proceeded to adjudicate other issues on merits and after deciding the same on merits, can pass a judgment and decree of dismissal of suit.

4. Brief facts giving rise to the present dispute are as under.

5. Plaintiffs-appellants instituted the aforesaid suit seeking a permanent injunction against defendants restraining them from interfering into possession of plaintiffs in respect to property in dispute, detailed and described in para 1, 2 and 6 of the plaint, on the basis of proceeding of P.A. Case No. 7 of 200