DEEP CHAND JAIN Vs. KASOOMBIRI LAL

JUDGEMENT

(1.) This is a revision under Section 115 Code of Civil Procedure filed by Deep Chand Jain (plaintiff in original Suit No. 324 of 1974) against the order passed by the District Judge, Muzaffarnagar dated 18th May, 1977, dismissing the appeal against the order of the V Additional Munsif, Muzaffarnagar directing the return of the plaint for presentation to the proper court.

(2.) The plaintiff Sri Deep Chand Jain filed a suit on 1st June, 1974 against Kasoombiri Lal in the court of Munsif Muzaffarnagar praying for two reliefs. The first relief was for ejectment from the house in question and for recovery of rent and damages. The other relief was for possession over a vacant piece of land lying in front of the house and damages for use and occupation in respect thereof. A preliminary issue was raised before the learned Munsif in regard to the maintainability of the suit in respect of both the reliefs. It was the case of the defendant-opposite party that the suit was bad for misjoinder of causes of action. This plea was accepted by the learned Munsif by his order dated 9th February, 1976. The plaintiff went up in revision against this order of the learned Munsif. The IInd Additional District Judge, Muzaffarnagar who decided the revision upheld the view taken by the learned Munsif and dismissed the revision. The learned Munsif was directed to give an opportunity to the plaintiff to elect as to which of the two reliefs he would wish to retain in the suit. In pursuance to this order the plaintiff appeared before the Munsif when the matter was taken up by him and elected to retain the relief in regard to ejectment and for recovery of rent etc. against the defendant-opposite party. The plaint was allowed to be amended accordingly. The question then arose as to whether the plaint be returned for presentation to the proper court or whether some kind of order be passed transferring the same for decision by the Judge, Small Cause Court.

(3.) The learned Munsif directed the plaint to be returned for presentation to the proper court. The plaintiff went up in appeal. The District Judge, Muzaffarnagar dismissed the appeal. He held that the learned Munsif had no option but to order the presentation of the plaint in the proper court and no illegality was found in the order of the Munsiff, so directing the return of the plaint.