LAL CHAND Vs. JAGDISH CHANDER

JUDGEMENT

(1.) This suit has been instituted in this Court and in the written statement an objedon was taken that this Court has no jurisdiction. On this plea and on the other objection that the suit is barred by time, I framed the following issues as preliminary issues and directed them to be heard before other Issues were framed. The issues were

(2.) In view of the fact that the first issue is so clearly obvious. I do not propose to deal with the second issue at all For the purpose of deciding the first issue, it is only necessary to refer to paragraph 9 of the plaint which reads

(3.) The learned counsel for the plaintiff, however, is of the firm view, as his submission shows, that this Court is the one which has the jurisdiction for several reasons which he has set out. Firstly, he says that being a High Court this Court has jurisdiction over all suits however small the valuation may be. Secondly, he says that under Section 24 of the Civil P. C. any suit of small valuation can be tried by this Court. Thirdly, he says that this practice existed even before the Delhi High Court Act was passed and it was only for convenience that the cases used to be tried by Subordinate Judges or other courts. Fourthly, he submits that he has fixed in the plaint an approximate amount of Rs. 95,000.00 as being likely to be found due on taking accounts and, therefore, the amount involved in the suit is within the jurisdictional minimum fixed by law as far as this Court is concerned.