STATE OF GUJARAT Vs. GOKALDAS AMARSHIBHAI THROUGH HEIRS

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution, the petitioner ­ State has challenged the order dated 24.04.2009 passed by the learned Additional District Judge, Presiding Officer, 5th Fast Track Court, Rajkot in Civil Appeal No.20 of 2009.

(2.) The appeal being Civil Appeal No.20 of 2009 was preferred by the petitioner against the judgment and order dated 15.10.2008 passed by the learned 4th Additional Senior Civil Judge, Rajkot whereby the suit preferred by the original plaintiffs - respondents was allowed and the plaintiffs were held entitled to recover Rs.64,02,641/- with interest at the rate of 6% p.a. from the date of the suit till realization, from the petitioner ­ defendant in the suit.

(3.) In the appeal, the respondents ­ plaintiffs preferred an application at exhibit 8 for returning of the appeal memo to the petitioner on the ground that the appeal was filed against the final judgment and decree for an amount of more than Rs.5,00,000/- which could not be entertained / accepted by the District Court as the District Court has no pecuniary jurisdiction to decide the appeal. The learned Judge accepted such application and ordered to return the appeal memo along with accompaniments to the petitioner to be presented before the proper Court.