OM PARKESH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application for review of my order dated 3rd May 1984. The review is sought by the respondent Maj. Sohan Siagh Aurora (hereinafter referred to as the respondent) on the ground that the said order was made by me without noticing the provisions contained in Section 21 (2) of the Code of Civil Procedure (for short 'the Code') and as such it suffers from a legal infirmity.

(2.) The facts of the case have been given at considerable length in my order under review and I need not recapitulate the same. While setting aside the order of remand dated 25th May 1981 passed by Shri S.R. Goel, Additional District Judge and directing that the suit be re-tried and disposed of by an Additional District Judge, I also quashed the entire proceedings susbsequent to the aforesaid remand order as being without jurisdiction. The said proceedings were taken in the court of Subordinate Judge who as observed in my order under review, had pecuniary jurisdiction to try suits of the value upto Rs. 25000.00 only whereas the value of the suit after its amendment had been enhanced to Rs. 40000.00 .

(3.) Counsel for the respondent has now invited my attention to Section 21 of the Code which runs as under :