Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rajasthan Rent
Control Act, 2001–Sec. 18–While contesting the application under Order 39, Rules 1 & 2, petitioner raised the objection that the suit was not maintainable as the jurisdiction for the suit lies to Rent Tribunal in view of provisions of Sec. 18–View of trial Court that the petitioner is free to raise the objection in written statement and same would be decided as preliminary objection–Propriety–Objection as regard to maintainability of suit can be raised while contesting the issue pertaining to prima facie case–Trial Court was required to
deal with the objection while deciding the application under Order 39, Rules 1 & 2–There was no occasion for the trial Court to deal with the said objection separately in the order sheet of suit–Impugned order quashed and set aside–Further, the petitioner is free to move the application under Order 7, Rule 11.
