SANKAR KARMAKAR Vs. MAHADEB GHOSH

JUDGEMENT

(1.) THE instant revisional application under Article 227 of the Constitution of India is directed against the order dated 2.7.2011 passed by learned Additional District Judge, 2nd Court at Krishnanagar, Nadia in connection with Misc. Appeal No.14/2007 whereby learned lower appellate Court affirmed the order dated 20.2.2007 passed by Learned Civil Judge (Junior Division), 3rd Court at Krishnagar, Nadia.

(2.) LEARNED Civil Judge (Junior Division) 3rd Court at Krishnagar, Nadia in his order dated 20.2.2007 held that the Court does not have any pecuniary jurisdiction to deal with the suit valuation at Rs. 88,500.00 and allow the petition of the defendants/opposite parties under Order VII Rule 10 read with Section 151 of the Code of Civil Procedure by returning the plaint. The case of the present petitioner is in short that present petitioners being plaintiffs filed a suit being T.S. No.115/2000 before the Learned Civil Judge (Junior Division) 3rd Court at Krishnagar, Nadia against the opposite parties/defendants praying for a decree of permanent injunction in favour of the plaintiffs/petitioners and a decree for other consequential reliefs. During pendency of the said suit the petitioners filed a petition in the said title appeal before the learned court below under Order VI Rule 17 of the Code of Civil Procedure praying for amendment of plaint on the ground that during pendency of the suit and extending of temporary injunction order the defendants illegally and forcibly dispossessed the plaintiffs from the suit property and as such plaintiffs prayed for amendment of prayer portion to the effect that a decree be passed for recovery of khas possession against the defendants.

(3.) ON consideration of the evidences and documents adduced by the parties learned court below decreed the suit directing the defendants to vacate the peaceful possession of the suit land to the plaintiffs within two months failing which plaintiffs will be at liberty to put the decree in execution. A decree also passed in favour of the plaintiffs by way of permanent injunction restraining the defendants from entering with the peaceful possession of the plaintiffs in the suit land. The defendants/opposite parties preferred appeal against the judgment and order passed by Learned Civil Judge (Junior Division) 3rd Court at Krishnagar, Nadia. The learned Additional District Judge, Fast Track Court No.3, Nadia allowed the appeal on contest. The judgment and decree impugned was set aside. The learned lower appellate Court remanded the suit on the point of valuation of the suit property with a direction to the plaintiffs to furnish proper Court fees upon suit property and with a direction to the learned court below to take evidence on the point of valuation and dispose of the suit within a specified period.