RAMACHANDRAN Vs. PERUMAL

JUDGEMENT

(1.) THE Civil Revision Petition is filed under Article 227 of Constitution of India, seeking to set aside the judgment and decree rendered in O.S. No. 20 of 2005 by the learned Additional District Court/Fast Track Court NO.2, Tuticorin, dated 18.6.2010.

(2.) THE respondents, as plaintiffs, filed a suit in O.S. No. 20 of 2005 for recovery of a sum of Rs.5,50,000/- with interest at 6% per annum from the petitioner/defendant. THE suit was decreed by the learned Additional District Judge/Fast Track Court No.2, Tuticorin by judgment and decree dated 18.06.2010.

(3.) THE learned counsel would submit that when pecuniary limits of the District Court exceeded that is the amount of value of the subject matter of District Court exceeds ten lakhs rupees, the suit should have been transferred to the subordinate court which had jurisdiction and the court below proceeding to hear the arguments and delivered the judgment is against law and therefore, the judgment and decree is nullity. THE learned counsel would point out to Section 4 Tamil Nadu Civil Court Courts Act and Chennai City Civil Court Act Amending Act 19 of 2010(herein after referred to as Amendment Act 19 of 2010) and would submit that the transfer is automatic and the suit shall stand transferred to the subordinate court having jurisdiction over the subject matter.