SUNIL DUTT Vs. BHAG SINGH

JUDGEMENT

(1.) THIS suit was filed before the learned Civil Judge. After the trial was over and the case was at the stage of arguments, learned Civil Judge found that the statement of one of the witnesses showed that the value of the suit property was Rs. 30 lac. In view of this statement of the witness, the Civil Judge came to conclusion that the matter was beyond pecuniary jurisdiction of the Civil Judge, who could try the suits only up to pecuniary jurisdiction of Rs. 3 lac and he, therefore, sent the case to the learned District Judge for forwarding the same to this Court since this Court had original jurisdiction beyond Rs. 20 lacs. The case was received by this Court through learned District Judge and was renumbered and registered.

(2.) AFTER the case was registered, counsel for the defendant stated that as the plaint has been returned under Order 7 Rule 10 CPC, therefore, this Court should start de novo trial and the defendant should be permitted to file fresh written statement. This contention was opposed by the counsel for the plaintiff and arguments have been heard on this issue.

(3.) THIS Court, under Section 24 of CPC, has powers to call any suit from the lower Court to itself. In a way, this Court exercised powers under Section 24 whereby this Court withdrew the suit from the Civil Court and entertained the same. It is not a case of return of plaint.