PURANDAR PRADHAN Vs. GATI PRADHAN

JUDGEMENT

(1.) HEARD .

(2.) THIS application under Section 24, C.P.C. has been filed for transfer of the Title Suit No. 11 of 1994 from the Court of Civil Judge (Jr. Division), Phulbani to any other Court at Phulbani precisedly on the ground that after remand of the case as per the judgment dated 13.8.2002 in Title Appeal No. 6 of 1998 the trial Court in course of recording further evidence ascertained from the plaintiff about the valuation of the subject matter of dispute. Grievance of the petitioner is that when the suit was remanded on specific issues, the trial Court has no business to go into the question of valuation.

(3.) THE above noted grievance of the petitioner, as it appears, is on a misconception and understanding the scope of the remand order. When the suit has been remanded to the trial Court for a fresh decision, the trial Court has jurisdiction to go into all the issues and at that stage he has also jurisdiction to go into the valuation of the suit and the matter relating to sufficiency or insufficiency of the Court -fee paid. Therefore, the act of the learned Civil Judge is found neither to be illegal nor unjust or improper. Hence, on the basis of such misconception and misunderstanding of the petitioner, his grievance is devoid of merit to be considered.