HAWKINS COOKERS LIMITED Vs. CITIZEN METAL INDUSTRIES INDIA

JUDGEMENT

(1.) The facts of the present case are that the present suit was instituted in this Court when the pecuniary jurisdiction of the District Court was restricted to Rs. 5 lacs. Several proceedings were held in this Court which at that particular time was the 'competent Court' as envisaged in the Code of Civil Procedure. Consequent on the increase in the pecuniary jurisdiction of the District Court the case was transferred to that Court by the High Court. Subsequently an application was filed by the plaintiff for enhancing the valuation of the suit for the purposes of pecuniary jurisdiction to Rs. 21 lacs. At the time when the amendment application was moved it was the District Court which was the "competent Court". The application was allowed despite the stiff opposition of the defendant. Thereupon, the District Judge "sent" the file to this Court.

(2.) Learned Counsel for the defendant relies on the decision of a Single Judge of this Court in Vogel Media International GmbH v. Jasu Shah, 115 (2004) DLT 679=2005 (30) PTC 51 (Del). The conclusions are contained in paragraph 13 of the judgment and are reproduced for facility of reference:

(3.) Two other Single Benches have resolved the impasse by assuming jurisdiction under Section 24 of the Code of Civil Procedure. These judgments are Aviat Chemicals Pvt. Ltd. v. Magna Laboratories (Gujarat) Pvt. Ltd., 127 (2006) DLT 300=2005(31) PTC 557 (Del.) and Ziff-Davis Inc. v. Dr. J.K. Jain, 2006 (32) PTC 86 (Del.).