SRI PANKAJ ROY Vs. RATNABALI GHOSH

JUDGEMENT

(1.) THIS application is directed against the judgment dated November 26, 2008 passed by the learned Additional District Judge, Fast Track Second Court, Sealdah in Civil Revision Case No.3 of 2007 allowing the civil revisional application with costs by way of setting aside the order dated January 29, 2007 passed by the learned Civil Judge (Senior Division) at Sealdah in Title Suit No.67 of 2003.

(2.) THE short fact is that the plaintiff instituted the said suit for declaration, permanent injunction and other reliefs before the learned Civil Judge (Senior Division) at Sealdah. Amongst other reliefs, the plaintiff has sought for decree for payment of Rs.3,63,103.31 paisa. THE defendant/opposite party herein appeared and he is contesting the said suit by filing a written statement. THE defendant raised the question of territorial jurisdiction on the ground that the suit property is situated at Santiniketan within the District of Birbhum whereas the suit had been filed for the reliefs already stated at Sealdah Court. THE learned Trial Judge dismissed the application of the defendant for dismissal of the suit. Being aggrieved, he filed a revisional application and that was allowed by the impugned order and the plaintiff was given liberty to present the suit before the proper forum. Being aggrieved, this application has been preferred.

(3.) AS per terms of agreement between the parties, the plaintiff has chosen to file the suit in Calcutta. The learned Civil Judge (Senior Division) is empowered to deal with the pecuniary jurisdiction that is unlimited jurisdiction with regard to the claim for compensation. Therefore, the learned Civil Judge (Senior Division) has the jurisdiction to entertain the said suit. So far as the earlier suit filed before the learned Civil Judge (Junior Division) at Sealdah, that suit was dismissed on the ground of lack of jurisdiction and in fact no issue was decided in the earlier suit. So, the subsequent suit, that is, the instant suit is not barred by the principles of res judicata.