RAJ KUMAR GUPTA Vs. GIRISH BANSAL

JUDGEMENT

(1.) This petition under Article 227 of the Constitution assails order dated 27.07.2010 of Additional District Judge (ADJ) whereby the plaint filed by the petitioner was directed to be returned to the plaintiff. Subsequently, review of the aforesaid order of 27.07.2010 was sought by the plaintiff under section 114 read with Order 41 Rule 1 and Section 151 CPC. This review petition also came to be dismissed by the learned ADJ vide his impugned order dated 31.01.2011.

(2.) The plaintiff had filed a suit for recovery of Rs.20.00 lac with past, pendent elite and future interest @18% per annum till realization. The suit was valued for the purpose of court fee and jurisdiction at Rs.20.00 lac. An application under Section 6 CPC was filed by the respondent for disposal of the suit on the ground of lack of pecuniary jurisdiction. The learned ADJ was of the view that since the plaintiff had claimed past interest @ 18% on Rs.20.00 lac, and the interest could be quantified, the same ought to have been added in the suit amount. He was of the view that if the interest was added to the suit amount, which may be even rupee 1/-, the suit shall go beyond the jurisdiction of the court of ADJ. During the course of arguments on the application of the respondent under section 6 CPC, the petitioner sought to relinquish his claim in respect of past interest, so as to meet the objection and not to let the suit amount exceed the statutory jurisdiction of the Court of ADJ. The learned ADJ was further of the view that seeking relinquishment of a part of the claim, the past interest in this case, would amount to amendment of the plaint and that since amendment could only be considered by the court which had the jurisdiction to entertain and try the suit, which according to him he did not have, he returned the plaint on account of lack of jurisdiction, being beyond Rs.20.00 lacs.

(3.) The petitioner sought review of the aforesaid order of 27.07.2010. The same came to be dismissed by the learned ADJ observing the matter to be out of the purview of review jurisdiction.