MANJULABAI TULSHIRAM SHENDE Vs. BAPURAO BHADUJI CHAUDHARY

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally. Learned Advocate Mr. Siras waives service for respondent Nos. 1 and 2. Service to respondent No. 3, who is a sister of the plaintiffs, is dispensed with.

(2.) Plaintiffs had filed a suit for partition and 1/7th share. According to petitioners, after defendants appeared, they have disclosed that the suit property was alienated by defendant Nos. 1 and 2 to a third person, for a valuable consideration of Rs. 13,00,000/ -. Therefore, according to plaintiffs, it became necessary to amend the plaint.

(3.) It was obvious that upon amendment, the suit would not continue to be within the pecuniary jurisdiction of the Civil Judge [junior Division], and would become liable to be transferred to Civil Judge [senior Division], as the amendment would be of such nature that it would result in taking away jurisdiction of the Court before whom the suit was pending.