LAWS(GJH)-1998-5-23

SUGRABAI Vs. IBRAHIM ALIHUSEIN ZABNAWALA

Decided On May 01, 1998
SUGRABAI W/O JAINUDIN ISUFALI Appellant
V/S
IBRAHIM ALIHUSEIN ZABNAWALA Respondents

JUDGEMENT

(1.) This is a peculiar and unfortunate case of the plaint being returned successively by the Senior Division Court to the Junior Division Court and the Junior Division Court to the Senior Division Court and again to the Junior Division Court.

(2.) Special Civil Suit No. 110 of 1991 was filed in the Court of Civil Judge, (S.D.), Godhra, on 19th September, 1991 wherein the claim for jurisdiction was mentioned at Rs. 29,500/-. On 23rd September, 1991, the Senior Division Court passed the following order below the plaint:

(3.) Against the order of the Junior Division Court, Misc. Civil Appeal No. 152 of 1991 was preferred to the District Court on 28.10.1991, however, that came to be dismissed by the District Court on 24th December, 1991, confirming the order of the Junior Division Court returning the plaint for presentation to the Senior Division Court.