RAVIKANT Vs. ARCHANA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed challenging the order dated 25-1-2019 by which the Trial Court has returned the plaint for presenting the same before the Court of competent jurisdiction, on the ground that it has no pecuniary jurisdiction to try the suit.

(2.) The necessary facts for the disposal of the present petition in short are that the petitioner has filed a civil suit against the respondents for recovery of possession and mesne profits. The Civil suit was filed before the Court of Civil Judge Class 1, Ashoknagar. On 24-8-2018, unfortunately, the Presiding Judge expired. Issues were already framed till 24-8-2018. After the demise of the Presiding Judge, the then District Judge transferred the case to the Court of Civil Judge Class II, Ashoknagar. The evidence of one of the plaintiff's witness was also recorded. The defendants/respondents filed an application under Section 151 of C.P.C. alleging that the Trial Court has no pecuniary jurisdiction to try the case.

(3.) By the impugned order dated 26-1-2019, the 4 th Additional Judge to the Court of 1st Civil Judge, Class II, Ashoknagar, has returned the plaint for presentation of the same before the Court of competent jurisdiction.