SUSHIL KUMAR Vs. KANVAR SAIN GARG

JUDGEMENT

(1.) The instant petition has been filed by the petitioner challenging the order dated 23.2.2016 passed by Civil Judge (Senior Division), Meerut allowing the amendment application filed by the plaintiff-respondent seeking amendment of the plaint in Original Suit No. 736 of 2015. The order dated 17.5.2016 passed in Civil Revision No.Nil of 2016 (Misc. No.773 of 2016), whereby the District Judge has returned the memo of revision for being presented before proper court in view of the fact that the valuation thereof was Rs.9,10,000/-, which according to the revisional court was beyond its pecuniary jurisdiction, is also under challenge. The petitioner has prayed for a direction being issued to the District Judge to decide the revision himself in view of the Uttar Pradesh Civil Laws (Amendment) Act No.14 of 2015.

(2.) It is pointed out by learned counsel for the petitioner that initially the petitioner sought to challenge the order of the trial court dated 23.2.2016 allowing the amendment application by filing a revision under Section 115 C.P.C. before this Court. However, the Stamp Reporter reported the revision to be not maintainable as the valuation is below Rs.25,00,000/-. He has also placed on record a notice affixed outside the Stamp Reporter Section which is to the following effect :-

(3.) Counsel for the petitioner submitted that in view of the report of the Stamp Reporter, the petitioner was compelled to file revision before the District Judge, Meerut who has now passed the impugned order returning the memo of revision. It is urged that the petitioner is being shunted from one court to other and is being rendered remediless.