SANDEEP BHATNAGAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Shesh Kumar, learned counsel for the appellant and Shri Dinesh Varun, learned Standing Counsel for all the respondents.

(2.) We have considered the submissions made by counsel for the parties and have perused the material available on record. In the interest of justice, we have heard learned counsel for the appellants on the point of delay condonation application as well as merit of the review application.

(3.) This present Civil Misc. Delay Condonation application has been filed for condoning the delay in filing the review application to review / recall the judgment passed by this Court, dtd. 25/1/2016, passed in First Appeal No.612 of 2003, in which, one of us (Hon'ble Justice Vivek Kumar Birla, J) was a member of the Bench. The ground taken in this Civil Misc. Application, inter-alia is that prior to delivery of judgement of this Court in First Appeal No.612 of 2003, the pecuniary jurisdiction of the District Judge was raised from Rs.5,00,000.00 (Five Lakhs) to Rs.25,00,000.00 (Twenty Five Lakhs) vide Gazette Notification No. 1599/79-V-1-15 1(ka)19/2015 dtd. 7/12/2015, Sec. 19 of The Bengal, Agra and Assam Civil Court Act, 1987 was amended and the concerned District Judges were conferred jurisdiction to hear appeals of valuation up to Rupees Twenty Five Lakhs. Hence, the pecuniary jurisdiction of the first appeal was that of the learned District Judge and this Court ought not to have decided the first appeal, instead, the same ought to have been remanded/ transferred to the learned District Judge, Moradabad.