NAGPUR BENCH : NAGPUR v. Sau. Pratibha Sahebrao Wankhade

Shri A.R. Deshpande, Adv. for applicant CORAM : R.K.DESHPANDE, J. DATE : 08.10.2012. The challenge in this revision application is to the order dated 4.8.2012 passed by the learned Joint Civil Judge (J.D.), Akola, rejecting application (Exh.15) in Regular Civil Suit No.662/2012. The trial Court has held that the civil Court is empowered to adjudicate the challenge to the notice issued under Section 260 of the Bombay Provincial Municipal Corporations Act, 1949. The contention of the learned Counsel for the applicant is that in view of the recent amendment introducing Section 433A under the Bombay Provincial Municipal Corporations Act and the provision of Section 149 of the Maharashtra Regional and 2 0810cra82.12.odt Town Planning Act, 1966 the jurisdiction of civil Court is barred. None of these grounds are specifically raised in the application. The application is as vague as it could be. In view of this, the trial Court should have dismissed the application on that ground alone and no fault can be found with the ultimate decision or dismissing the application. So far as the aspect of jurisdiction is concerned, it is open for the parties to raise appropriate objections. The trial Court can frame preliminary issue and none of the observations shall come in the way of the parties. Civil Revision Application is