PRATAP CHANDRA MEDHI Vs. EK SARAN BHAGWATI SAMAJ

JUDGEMENT

(1.) Heard Mr. J. Sarmah, the learned counsel appearing on behalf of the petitioners. Mr. S. Chamaria, the learned counsel appears on behalf of the respondents.

(2.) The supervisory jurisdiction of this Court has been invoked challenging the order dtd. 29/5/2025 passed in Misc Appeal No. 04/2023 whereby the learned Court of the Additional District Judge No. 1, Kamrup (M), Guwahati (hereinafter referred to as, "the learned First Appellate Court") had dismissed the Appeal on the ground of lack of pecuniary jurisdiction.

(3.) Before dealing with the impugned decision of the learned First Appellate Court, this Court finds it pertinent to take note of certain facts having a bearing which led to the filing of the said Appeal before the learned First Appellate Court. The materials on record show that the respondents herein as plaintiffs had filed a suit being Title Suit No. 765/2022. A perusal of the plaint reveals that the respondents herein as plaintiffs sought for certain declarations as well as for permanent injunction and mandatory injunction. The permanent prohibitory injunction as well as the mandatory injunction so sought for in the plaint appears to be dependent upon the declarations which have been sought for in the plaint. Therefore, from the very framing of the suit, it would transpire that the suit would come within the ambit of Sec. 7(iv)(c) of the Court Fees Act, 1870 (for short, "the Act of 1870"), meaning thereby, that it is a suit to obtain a declaratory decree and consequential reliefs.