MP 1 CRA216_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 216 OF 2010] IN SUIT NO. 1689 OF 2003 Alfred Sebastian D'Aguiar since deceased through Mrs. Blanche Alfred D'Aguiar and others ... Applicants Versus Felix S. D'Aguiar and others ... Respondents Mr. S. A. Jabbar i/b. Mr. Tanvir Shaikh for Applicants. Smt. Sovovino Lolado for Respondent Nos. 1, 3A to 3E. CORAM : B.R. GAVAI, J. MONDAY, MARCH 28, 2011 P. C. : By way of present application, the applicants challenges the order dated 18th January 2010 vide which the learned City Civil Court has rejected the preliminary issue regarding the jurisdiction and entertained the suit. 2. The learned Counsel for the applicants submits that since the letter of administration is issued by a competent authority, a suit is not maintainable, and therefore, the learned Trial Court has erred in rejecting the preliminary objection. 3. The learned Trial Court has held that while deciding the issue regarding jurisdiction only the averments made in the plaint could be gone into. It has been found that since the plaintiffs in the suit were MP 2 CRA216_10 challenging the gift deed dated 22nd October 1969, and as such, it has jurisdiction to entertain the suit. 4. No perversity is noticed in the order passed by the learned Trial Court. Hence rejected. (B.R. GAVAI, J)