P S RAJESH Vs. KEN H RAJA

JUDGEMENT

(1.) THIS suit papers were presented on behalf of the plaintiff on 29/4/2010. The prayer originally prayed is for a judgment and decree directing the defendant to pay the plaintiff a sum of Rs. 23,36,600.00. In paragraph 12 of the plaint, the plaintiff valued the suit for purpose of value and jurisdiction at Rs. 23,36,600.00 and paid a Court fee of Rs. 26,900.00.

(2.) ON 7.5.2010, the suit papers were returned by the Registry pointing out certain defects. At that time, the pecuniary jurisdiction question was not raised by the Registry as the amendment to City Civil Court Act came into force later. The papers were re-presented by the plaintiffs on 25.6.2010. Obviously, at that time the amendment was given effect to and the pecuniary jurisdiction of City Civil Court was raised, which means, the above suit filed for a total value of Rs. 23,36,600/- could not be maintained before this Court and the same should go to City Civil Court. Being aware of the same, the plaintiff not only complied with the five defects pointed out by the Registry on 7.5.2010, but also paid an additional Court fee of Rs. 3,000.00 by raising the total claim from Rs. 23,36,600.00 to Rs. 26,36,600.00. Thus, the plaintiff has done on his own accord by making necessary changes in ink in the plaint at the appropriate pages.

(3.) ON 20/7/2010, papers were once again returned by the Registry by stating that all the averments are to be added in the original plaint papers also (paragraph No. 8). A perusal of the same would show that at the time of re-presentation, the clean copy of the plaint was filed incorporating a new prayer towards damages and a new paragraph i.e., paragraph No. 8 stating that the plaintiff is claiming Rs. 3,00,000/- towards damages. However, all these changes were not made in the original plaint and therefore, the Registry instructed the plaintiff to add all averments which were added in the clean copy of the plaint in the original plaint itself.