RAJIVAS VASU SHETTY Vs. INSANALI NASIBDAR

JUDGEMENT

(1.) A decree was passed in Special Civil Suit No.5 of 1996 by the learned Civil Judge, Senior Division, Thane.Subsequently, a Regular Civil Suit No.663 of 2000 was filed by the Respondents for a declaration that a decree passed in Special Suit No.5 of 1996 be declared null and void and not binding upon the Plaintiff. It was pending in the Court of Civil Judge, Junior Division, Kalyan. Hence, an Application for transfer of the said Suit to the Court of the Civil Judge, Senior Division was filed on the ground that the original decree was passed by the Court of Civil Judge,Senior Division, and hence the Court of Civil Judge, Junior Division was not competent to declare such a decree to be null and void.

(2.) The trial Court dismissed the said Application and Misc.Civil Appeal Appeal No.8 of 2004 filed against it has been dismissed on 22.1.2004 by the learned District Judge Judge Thane. Relevant portion is contained in para 5 of the said Judgment which is reproduced below:

(3.) Section 15 of CPC states that every Suit shall be instituted in the Court of lowest grade competent to try it. The Courts below have held that in view of Section 15 of CPC, the Court of Civil Judge, Junior Division is competent to entertain, try and decide the Suit. I do not find any infirmity in the said view taken by the Courts below. Writ Petition is dismissed.