HANS KUMAR Vs. M/S. MADRAS RUBBER FACTORY

JUDGEMENT

(1.) This first appeal is filed by the Plaintiff against the order of the Additional District Judge in suit No. 136/81, returning the plaint for being filed in the Court of competent Jurisdiction. The plaintiff filed a suit on Jan. 4, 1978 in the Court of Senior Subordinate Judge, Delhi, for recovery of Rs. 16,445.00 towards subsistence allowance for the suspension period. The plaintiff was later on dismissed from the service. He, therefore, amended the plaint. In the amended plaint he claimed Rs. 50,680.00 towards compensation for illegal termination of service and Rs. 19,320.00 towards subsistence allowance during the period of suspension. As the new claim exceeded the pecuniary jurisdiction of the Commercial Sub-Judge, the plaintiff filed an application under rule 10 read with rule 10(A) of order VII of the Code of Civil Procedure, 1908. The Commercial Sub-Judge instead of returning the plaint passed an order directing the placing of the suit before the District Judge for assigning it to any of the Additional District Judges. He further directed the parties to appear before the District Judge on April 27, 1981.

(2.) The matter was accordingly placed before the District Judge on April 27, 1981. The learned District Judge assigned the suit to Shri N. C. Kocchar, A. D. J., and directed the parties to appear before the A.D.J. on May 5,1981.

(3.) Around Aug. 14, 1981, Mr. S. P. Singh Chaudhury, A.D.J., who has passed the impugned order, started hearing the suit. The pleadings were completed before the learned judge and application for a production of documents under order 11 rule 14 was filed by the plaintiff. The reply was filed by the respondents. The respondents/defendants did not raise any objection to jurisdiction but the learned judge found that the procedure of the transfer of the suit followed in the case was illegal and, therefore, he passed the impugned order, returning the plaint on 26th May, 1982.