Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Gramdan Act, 1971–Sec. 46–In the suit preferred by the appellant-plaintiff, the objection of maintainability of the suit was raised by the defendant–Appellant-plaintiff opposed the same and the application under Order 7, Rule 11, preferred by the defendant was rejected–Now, in the second appeal, appellant-plaintiff is willing to plead that the suit was not maintainable as the Civil Court had no jurisdiction–Whether he can be permitted to take the u-turn ?–Held, no–Further, the plaintiff cannot be held to be prejudiced in any manner–Issue of jurisdiction was due to plaintiff’s own action and it cannot be recognized as a prejudice as it flows from the action of very party who complains about it.
