DKM PROPERTY INVESTMENTS Vs. TOLENTINO PEREIRA

JUDGEMENT

(1.) BY this application the original plaintiffs in Regular Civil Suit No. 45/92/b pray that, that suit be transferred to the Court of Civil Judge, Senior Division (ACourt) at Panaji.

(2.) REGULAR Civil Suit No. 45/92 when instituted was valued for the purposes of jurisdiction at Rs. 2,000/- and was instituted in the Court of Civil Judge, Senior Division at Panaji. Being a suit of a valuation less that Rs. 25,000/- the suit was on the Board of Junior Judge. A little later the plaintiffs sought revaluation of the suit by amending the plaint and which came about as a result of seeking some further reliefs. There is no point in dilating on this subject as, in my view, I am not called upon to go into the question of amendment. The only relevant fact is that after the amendment was permitted by the Junior Judge the valuation of the suit was far in excess of Rs. 25,000/ -. Naturally, with amendment carried out the Junior Judge lost his jurisdiction to try that suit. The original plaintiffs apprehend that the Junior Judge may return the plaint to them for presentation to the proper Court having jurisdiction and probably with a view to pre-empt that action the present application is instituted under section 24 of the Code of Civil Procedure. It is common ground that until this date the Junior Judge had made no Order of any kind except to record in the Roznama that the original plaintiffs have already moved this Court by way of transfer application.

(3.) THE questions to ask are : (1) Whether the present application is liable to be entertained as an application in for transfer of the suit under section 24 of the Code of Civil Procedure ; and (2) As contended on behalf of the non-applicants whether regard being had to the provisions of the Goa, Daman and Diu Civil Courts Act, 1965, the Civil Manual issued by the High Court and the provisions of the Code of Civil Procedure, the Junior Judge has to return the plaint to the original plaintiffs for presentation to the Court having jurisdiction in the matter.