1. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicants herein – original respondents of Civil Misc.Application No.3 of 2009 to quash and set aside the impugned order dated 19/01/2011 passed by learned Presiding Officer, Fast Track Court No.1, Ahmedabad (Rural), Viramgam, by which, learned Trial Court has dismissed the said application preferred by the applicants herein to reject application under Order 7 Rule 11 of the Code of Civil Procedure or to return the application under Order 7 Rule 10(A) of the Code of Civil Procedure.
2. It appears that the respondent herein had preferred Civil Misc.Application No.3 of 2009 in the Court of learned Additional District Judge, Viramgam for revocation of the probate issued by learned Extra Assistant Judge, Ahmedabad (Rural) at Narol dated 13/05/1981 in exercise of powers under Section 262 of the Indian Succession Act and for other reliefs as prayed in the said application. That the applicants herein – original respondent Nos.1 to 4 in Civil Misc.Application No.3 of 2009 submitted application Exh.12 in the said application to reject the application under Order 7 Rule 11 of the Code of Civil Procedure and/or in the alternative to return the application under Order 7 Rule 10(A) of the Code of Civil Procedure on the ground that learned Additional District Judge, Viramgam has no jurisdiction to consider the said application to revoke the probate, which was issued by learned Extra Assistant Judge, Ahmedabad (Rural), Narol and the said application is barred by limitation. That by impugned order, learned Presiding Officer, Fast Track Court No.1, Ahmedabad (Rural), Viramgam has dismissed the said application and has refused to reject the application under Order 7 Rule 10(A) of the Code of Civil Procedure and under Order 7 Rule 11 of the Code of Civil Procedure by keeping the question with respect to limitation open and by holding that the Court in which the said application is filed has jurisdiction.
Being aggrieved by and dissatisfied with the impugned order passed by learned Presiding Officer, Fast Track Court No.1, Ahmedabad (Rural), Viramgam, the applicants herein – original respondents have preferred the present Civil Revision Application u/s.115 of the Code of Civil Procedure.
3. Mr.Lathigara, learned advocate appearing on behalf of the applicants has stated at the bar that as the question with respect to limitation is kept open by the learned Trial Court, which is required to be considered by learned Trial Court, he is not pressing the present application on the ground for dismissal of the suit for limitation. It is submitted that as the Court at Viramgam has no jurisdiction and, therefore, application preferred by the respondent herein is required to be returned to her to present it before the Court having jurisdiction i.e. District Court, Ahmedabad (Rural).
4. In response to the notice issued by this Court, Mr.Satyen Rawal, learned advocate has appeared on behalf of the respondent herein.
5. Mr.Mehul Shah, learned advocate appearing with Mr.Satyen Rawal, learned advocate appearing on behalf of the respondent herein have stated at the bar that they have no objection if the application, which is preferred by the respondent is returned to her to present it before the Court having jurisdiction i.e. District Court, Ahmedabad (Rural). Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order while quashing and setting aside the impugned order so far as question with respect to jurisdiction of the Court at Viramgam is concerned and while returning the application to the respondent to present it before the concerned Court having jurisdiction. Hence, this Court is not assigning any further reasoned order.
6. In view of the above, the present Civil Revision Application succeeds in part. The impugned order dated 19/01/2011 passed by learned Presiding Officer, Fast Track Court No.1, Ahmedabad (Rural), Viramgam is hereby quashed and set aside. It is directed that Civil Misc.Application No.3 of 2009 preferred by the respondent herein, which has been preferred in the Court at Viramgam is directed to be returned to the respondent herein to present it before the Court having jurisdiction i.e. District Court, Ahmedabad (Rural). The aforesaid exercise shall be completed by the respondent herein within a period of one month from the date of receipt of the present order. Under the circumstances, the Court at Viramgam is not required to consider the said application at all. It is also observed that the question with respect to limitation is kept open, which shall be considered by learned Trial Court to whom the matter is assigned. Rule is made absolute to the aforesaid extent. No costs.
Direct service is permitted.
[M.R.SHAH,J] *dipti