GOPAL RAM Vs. MOHAN RAM

JUDGEMENT

(1.) G. P. Mathur, J. The parties have exchanged affidavits and therefore, the writ petition is being disposed of finally at the admission stage with the consent of the parties.

(2.) MOHAN Ram respondent No. 1 filed Original Suit No. 329 of 1986 in the Court of Munsif, Azamgarh. In the written statement filed by the petitioner Gopal Ram (defendant) a plea was raised that the suit have been under value and the court-fee paid was insufficient. The learned Munsif, Azamgarh, decided the issue on 8-11-1989 and held that the valuation of the property in dispute was Rs. 25,000. Since the learned Munsif had no pecuniary jurisdiction to hear and decide suits of the valuation of Rs. 25,000 he passed an order, dated 4-10-1990 directing that the plaint be returned to the plaintiff for presentation to the proper Court. The State Government, however, issue a notification, dated 17-11-1988 exercising power under Section 11 of U. P. Land Revenue Act and Section 21 of U. P. General Clauses Act creating a new district of Mau w. e. f. 19-11-1988. The Property in dispute fell within the territorial limits of newly created district Mau. Thereafter, the plaintiff MOHAN Ram presented the plaint before the Civil Judge, Mau where it was registered as Suit No. 60/91. The defendant-Gopal Ram filed an objection before the Civil Judge, Mau, that he had no jurisdiction to hear and decide the suit and same should have been filed in the Court of Civil Judge, Azamgarh. This objection was repelled by the Civil Judge, Mau, vide order, dated 11-5-1993 and revision against the said order was also dismissed by the District Judge, Mau, on 14-12-1993. The present petition has been filed for quashing of the aforesaid orders, dated 11-5-1993 and 14-12-1993.

(3.) FOR the reasons given above, the writ petition lacks merit and is hereby dismissed. The interim order is vacated. In view of the vexatious objection raised by the plaintiff, the proceedings in the suit have remained stayed for several years, thefore, I award Rs. 500 as costs to the contesting respondents. Petition dismissed. .