SHARAD CHAND Vs. LAXMAN PRASAD

JUDGEMENT

(1.) THIS application under section 115 of the Code of Civil Procedure is directed against an order dated 19th March 1968 whereby the Civil Judge, Class I, Durg, held that he had jurisdiction to try the suit, that the court-fee paid was deficient to the extent of Rs. 800 /- and that the suit was not bad for misjoinder of defendants except in regard to the defendant no. 17. While this application was made by the plaintiffs, the defendant 16 (auction- purchaser) too has filed Civil Revision No. 524 of 1968 to challenge the same order. THIS order shall dispose of the two revision applications.

(2.) THE material facts are these. Jagdishwar Prasad (defendant 15) filed against Laxman Prasad (defendant 1), Lakhanlal defendant 10) and Kishorilal (defendant 11) Civil Suit No. 28-B of 1960 and obtained a decree for Rs. 3,600 /-. In execution of that decree, a house and site were attached and put to sale on 6th December 1963. THE defendant 15 purchased the property for Rs. 24,000 /-. THE first three plaintiffs (who claimed to be members of a Hindu joint family along with the other plaintiffs 4 to 12 and the defendants 1 to 14) filed an objection against attachment of the property. That objection was dismissed on 6th January 1965. THEreupon the plaintiffs 1 to 3 filed the suit out of which this revision arises claiming the following dubiously-worded reliefs:

(3.) AS already indicated, the Civil Judge proceeded to determine the questions of court-fee and joinder of parties also. He did so on the erroneous view that the value of the decree is the value for the purpose of jurisdiction. He shall now proceed to determine the question of valuation afresh and, if he finds that he has jurisdiction to try the suit, he shall then determine the other two questions.