SADARALI BISWAS Vs. WAZED ALI MONDAL

JUDGEMENT

(1.) The instant revisional application is arising out of an order passed by the Civil Judge (Junior Division), 3rd Court, Krishnagar, Nadia in rejecting an application filed by the defendant/petitioner on 18th May, 2011 raising an application as to the pecuniary jurisdiction of the trial Court to receive, try and determine the suit.

(2.) The plaintiff filed a suit for declaration, injunction and recovery of possession of immoveable property. The plaintiff for declaration valued the suit at Rs.150/- and possession Rs.50/- and filed the suit before the learned Civil Judge (Junior Division), 3rd Court, Krishnanagar. The plaintiffs valued the suit on the basis of its assertion that the defendants are trespassers and paid the court-fees on the basis of the reliefs prayed for in the plaint.

(3.) The defendant filed an application on 18th May, 2011 raising a preliminary objection as to the pecuniary jurisdiction of the trial court. The learned Court below refused to entertain the said application on the ground that the said application was filed at a belated stage. The suit is fixed for peremptory hearing and the evidence was about to commence. The suit was filed in the year 2007 and the plaint was subsequently amended. The defendants entered appearance and filed their written statement but did not raise any objection with regard to the valuation of the suit.