GOPALKRISHNA SHARMA Vs. BHAGIRATH PRASAD SHARMA

JUDGEMENT

(1.) The order in this revision shall also govern the disposal of Civil Revision No. 1518 of 1996 (Omprakash Paliwal v. Devmurti Shri Janki Vallabh Ji Maharaj Virajman Shri Jankivallabh Mandir).

(2.) This is a revision under Section 115 of the Code of Civil Procedure raising a question of jurisdiction of the trial Court, i.e., Court of Additional District Judge, Gwalior.

(3.) Learned counsel for the applicant submitted that in view of the amendment in Section 6 of the Madhya Pradesh Civil Courts Act, 1958 (hereinafter referred to as the 'Act'), vide Amendment Act No. 5 of 94, pecuniary jurisdiction to try the suit is not vested with the trial Court. Learned counsel for the applicant submitted that earlier all the suits, above Rs. 20000/- were tried by the Court of District Judge. After the amendment, the pecuniary jurisdiction of Civil Judge Class-1 is increased from Rs. 20000/- to Rs. 50000/-. The suit pending before the Additional District Judge, Gwalior is valued below Rs. 50000/-. Learned counsel submitted that after the amending Act the Additional District Judge has no pecuniary jurisdiction to decide the dispute.