M K MODI Vs. K K MODI

JUDGEMENT

(1.) THESE ARE TWO APPLICATIONS COMMON IN NATURE MADE IN THE AFORESAID THREE SUITS BY THE DEFENDANTS UNDER THE PROVISIONS OF .

(2.) WHAT IS DESIRED BY THE DEFENDANT/APPLICANT BY MOVING THESE APPLICATIONS IS THAT THE AFORESAID SUITS WHICH WERE INITIALLY INSTITUTED IN THE HIGH COURT OF DELHI BUT SUBSEQUENTLY TRANSFERRED TO THE DISTRICT COURT AND AGAIN RETRANSFERRED TO THIS COURT BY THE ORDERS OF DISTRICT JUDGE BECAUSE OF ENHANCEMENT OF THE PECUNIARY JURISDICTION SHOULD BE AGAIN TRANSFERRED TO THE DISTRICT COURT BY WAY OF RETURN OF PLAINT TO THE PLAINTIFF UNDER THE PROVISIONS OF ORDER 7 RULE 10 CPC AND THEN DISTRICT JUDGE SHOULD PASS AN ORDER IN THE LIGHT OF ORDER 7 RULE 10 AND 10A OF THE CPC. THIS IN SHORT ARE THE APPLICATIONS OF THE DEFENDANTS WHICH APPLICATIONS HAVE BEEN OPPOSED BY THE PLAINTIFFS BY FILING REPLY THERETO. THERE IS NO DENIAL OF THE FACT THAT INITIALLY THE SUITS WERE INSTITUTED IN THE HIGH COURT OF DELHI AS AT THAT PARTICULAR POINT OF TIME, PECUNIARY JURISDICTION FOR THE CLAIM INVOLVED IN THE SUITS VESTED WITH THE HIGH COURT ONLY. HOWEVER, SUBSEQUENTLY BECAUSE OF THE AMENDMENT MADE, THE PECUNIARY JURISDICTION OF THE DISTRICT COURT WAS ENHANCED UP TO 5 LACS OF RUPEES AND FOR THAT REASON THE SUITS WERE TRANSFERRED TO THE DISTRICT COURTS.

(3.) THE APPLICATION UNDER ORDER 6 RULE 17 WAS MADE BEFORE THE TRIAL COURT SEEKING AMENDMENT IN THE SUITS RAISING THE PECUNIARY JURISDICTION OF THE SUITS NOW TO RS. 21 LACS WHICH APPLICATION WAS ALLOWED AND PLAINTIFF WAS ORDERED TO FILE AMENDED PLAINT IN THAT REGARD. SINCE PECUNIARY JURISDICTION WAS ALLOWED TO BE RAISED TO RS. 21 LACS THEREFORE THE DISTRICT COURT CEASED TO HAVE JURISDICTION TO TRY THE PRESENT SUITS AND AS SUCH THE ADDITIONAL DISTRICT JUDGE VIDE ORDER DATED 23RD JULY,2004 ORDERED FOR TRANSFER OF THE SUITS TO THE HIGH COURT AGAIN. SINCE ADDITIONAL DISTRICT JUDGE DID NOT HAVE THE POWER TO TRANSFER THE CASE AND SUCH POWERS VESTED ONLY WITH DISTRICT JUDGE OR THE HIGH COURT AND IT BEING THE CASE RELATING TO DISTRICT COURT AT THAT TIME, THE ADDITIONAL DISTRICT JUDGE DIRECTED THE PARTIES TO APPEAR BEFORE THE DISTRICT JUDGE ON 27TH JULY,2004 AND IT WAS THE DISTRICT JUDGE WHO HAD PASSED ORDERS FOR TRANSFER OF THE CASE TO THE HIGH COURT AND DIRECTED THE PARTIES TO APPEAR BEFORE THE REGISTRAR GENERAL ON 17TH AUGUST,2004.