SWAPAN KUMAR PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. Roy, learned counsel, appearing on behalf of the appellants. Also heard Mr. S. Das, learned counsel, appearing on behalf of the respondent Nos. 1 and 2, Mr. SK Ghosh, learned counsel appearing on behalf of the respondent Nos. 5, 6 and 7 and Mr. M.K. Sarma, learned counsel appearing on behalf of the respondent No. 4.

(2.) This appeal is against the order dated 09.06.2005, passed by the learned Civil Judge, (Senior Division) Karimganj in Title Appeal No. 75/2003 whereby the said appellate court dismissed the appeal affirming the order dated 30.06.2003, passed by the learned Civil Judge Junior Division, Karimganj in Title Suit No. 186/1987.

(3.) The subject matter of the Title Appeal No. 75/2003 is the order passed under Order 7, Rule 10 of the CPC thereby returning the plaint filed by the plaintiff as the same was beyond the pecuniary jurisdiction of the said trial court of the learned Civil Judge, (Junior Division), Karimganj which at that relevant point of time was Rs. 25,000.00. The said appeal registered as Title Appeal No. 75/2003 was filed under Order 43, Rule 1 (a) of the CPC, which is reproduced herein below:-