VIDYA SHANKER TIWARI Vs. SURYA KANT TIWARI

JUDGEMENT

(1.) This petition is directed against the order dated 01.10.2012 (annexure 5 to the petition) passed by the District Judge, Deoria in Transfer Application no. 327 of 2012 (Surya Kant Tiwari Vs Vidya Shanker Tiwari and others).

(2.) The petitioner herein was defendant in a suit filed by the plaintiff respondent no. 1for permanent injunction and demolition before the Civil Judge (Junior Division), Deoria. An exparte injunction order was granted. The petitioner defendant filed his written statement on 05.07.2012 along with his objection to the temporary injunction application raising a dispute regarding valuation of the suit. It was stated by him that the plaintiff respondent had valued this property in suit at Rs. 15,000/- whereas the valuation of the property was more than five lakhs. He stated that the pecuniary jurisdiction of the Civil Judge (Junior Division) was Rs. 25,000/- and since the property in suit was valued at more than rupees five lakhs the suit was not maintainable before the Civil Judge (Junior Division) who had no pecuniary jurisdiction to entertain a suit valued more than Rs.25,000/-. The plaintiff respondent appears to have admitted the fact of under valuation of the suit property hence he filed an amendment application to change the valuation of the suit property to Rs. 5,20,000/- . The said application was allowed by the Civil Judge (Junior Division) on 24.09.2012.

(3.) The plaintiff respondent no. 1 then filed a Transfer Application no. 327 of 2012 (Surya Kant Tiwari Vs Vidya Shanker Tiwari and others) under Section 24 CPC before the District Judge, Deoria who in turn invited comments from the Civil Judge (Junior Division). The Civil Judge (Junior Division) on 27.09.2012 sent a letter to the District Judge, Deoria that after the valuation of the suit property has been amended in the plaint he had no pecuniary jurisdiction. The District Judge on the said comments has passed the impugned order dated 01.10.2012 transferring the case from the court of Civil Judge (Junior Division), Court no. 10, Deoria to the court of Civil Judge (Senior Division), Court no. 18, Deoria and as such allowed the Transfer Application no. 327 of 2012 filed by the plaintiff respondent. The impugned order dated 01.10.2012 is quoted here under:-