RAJENDRA NATH SHAH Vs. DISTRICT JUDGE

JUDGEMENT

(1.) FOR the reasons stated, the application is allowed. The order dated 30th september, 2008 is recalled and the writ petition is restored to its original position. Writ Petition No. 1984 of 2001 (M/s):

(2.) THE issue involved for consideration in this case is indeed very, very simple even though it is slightly important. The facts in brief:

(3.) THE petitioner /plaintiff filed a suit for declaration etc. in the Court of Civil judge at Nainital against respondents Nos. 3 to 5. As per the averment contained in para 10 of the plaint, the valuation of the suit was fixed at Rs. 50 lacs. Whilst the Suit was pending in the trial Court, the petitioner /plaintiff filed an application for amendment of the Plaint, which was allowed by the trial court. Aggrieved, respondents Nos. 3 to 5 / defendants filed revision petition against the said order, allowing the amendment of the plaint, before the First Addl. District Judge, nainital being Civil Revision No. 20 of 1999 who, vide the impugned order dated 19th june, 2000, partly allowed the said civil revision filed by the aforesaid respondents and a partial permission was granted to the petitioner/plaintiff to amend the Plaint to a limited extent only. The remaining, other amendments of the Plaint, were refused. Aggrieved by this order, the petitioner /plaintiff has filed the present writ petition in this court under Article 226 of the Constitution of India challenging the aforesaid order dated 19th June, 2000 passed by the learned Addl. District Judge, Nainital on the only ground that he did not have any jurisdiction under Section 115 C. P. C. to entertain the revision petition and to pass the impugned order because Section 115 C. P. C. vested the exercise of revisional jurisdiction in the High Court alone because of the fact that the valuation of the suit was Rs. 50/- lacs.