MAHAVEER SINGH TOMAR DR Vs. MARMAGH SINGH SISODIA

JUDGEMENT

(1.) IN this appeal, the order passed by the learned Eighth Additional Judge to the Court of District Judge, Gwalior, on 26-9-1994 in Civil Suit No. 76/94 thereby directing the return of the plaint to the plaintiff/appellant for its presentation before the proper Court holding that the Court had no jurisdiction to try the suit, is challenged.

(2.) THE suit is filed by the appellant/plaintiff against the respondents on the allegations that for marrying his daughter, the appellant had a few rounds of talks with respondents 1 and 2 and the plaintiff liking the boy, i. e. respondent No. 1, had performed the bar Rukai (booking the boy for marriage) ceremony at Datia and thereafter respondents perform god Bharai (acceptance of girl as bride) ceremony at Gwalior. Thereafter the date of marriage was also fixed for which the plaintiff had made all arrangements. In that transaction he had sent the lagun (i. e. the intimation of the date of marriage) along with a draft of Rs. 70,000/-, a scooter and other articles to respondents/defendants. It is alleged that since respondents 1 and 2 later on started demanding a sum of Rs. 1,50,000/- further, and the plaintiff-appellant expressed his inability to pay. Thereupon, the respondents 1 and 2 frustrated the contract, but did not return the draft, the other articles and the scooter. Since the draft was not encashed by then and it was purchased by the plaintiff from respondent No. 3, the suit was filed for declaration that the plaintiff was the owner of money of the document of the draft and was entitled to possess the same in the above circumstances.

(3.) AFTER the pleadings of the parties were completed, the learned trial Court had framed issues and decided the issues about the Court-fees and the Court's jurisdiction to entertain the suit against the plaintiff.