GANDHI ASHRAM KHADI BHANDAR Vs. VIJAI KUMAR SHARMA

JUDGEMENT

(1.) This revision under Sec. 25 of the Provincial Small Cause Courts Act, 1887 (for short, 'the Act of 1887'), is directed against an order of the Additional District Judge/ Special Judge (SC/ST Act), Banda dtd. 17/11/2022 made in S.C.C. Suit No.

(2.) of 2008, rejecting the defendants' application, objecting to the Court's pecuniary jurisdiction. 2. Shorn of unnecessary details, the facts giving rise to this revision are that S.C.C. Suit No. 2 of 2008 was instituted by the plaintiff-respondents before the District Judge, Banda, sitting as the Judge, Small Cause Court. This was done, because at the time of institution of the suit, the pecuniary jurisdiction to try a small cause suit with the Judge, Small Cause Court, that is to say, the Civil Judge (Sr. Div.) in the State of Uttar Pradesh, was up to the valuation of Rs.25,000.00. The suit here was valued at Rs.57,060.00

(3.) The suit was, therefore, instituted before the District Judge and tried by the Additional District Judge/ Special Judge (SC/ST Act), Banda, who decreed it vide his judgment and decree dtd. 25/7/2016. A revision against the said decree was carried to this Court by the tenant-revisionist, being S.C.C. Revision No. 50 of 2019. This Court vide judgment and order dtd. 13/9/2022 set aside the decree and remanded the suit for trial afresh, except Issue No. 4, the finding whereon was upheld. That issue related to the defence of the tenant being struck off under Order XV Rule 5 CPC.