BANARSI DASS Vs. RAM RAKHI

JUDGEMENT

(1.) PLAINTIFF-RESPONDENT's application for permission to sue in forma pauperis under Order 33, Rule 1 of the Code of Civil Procedure has been allowed by the trial Court which was presided over by a Subordinate Judge exercising powers of the Third Class. The defendant has filed this revision petition on the ground that the value of the suit was admittedly more than Rs. 5000/- and that the Subordinate Judge had, therefore, no pecuniary jurisdiction to pass the said order in the case.

(2.) THE petitioner had put in appearance in the case on 25-10-1968 and had filed a written statement on 28-10-1968. Though a number of other preliminary objections had been taken, there was no objection with regard to the jurisdiction of the Court. The reply to paragraph 9 of the plaint in which an averment about the Court's jurisdiction had been made was that this paragraph was legal and that no reply was necessary. Issues about pauperism were framed on a later date and the parties had to be granted a number of adjournments for the examination of their witnesses on the question of plaintiff-respondent's financial ability to pay the court-fee due. A notice had also been issued to the Collector under O. 33, R. 6 but he had not cared to send any report and no body had put in appearance on behalf of the State. After the evidence of the parties had been closed, arguments were heard and the pauper application was allowed on 1-7-1969. The suit was ordered to be registered and case was adjourned to 15-7-1969 for the filing of the written statement and framing of issues on merits.

(3.) IMMEDIATELY after this order dated 1-7-1969 was recorded, it was represented to the presiding officer that the jurisdictional value of the suit was Rs. 7500/- and that the case was, therefore, beyond the limits of the pecuniary jurisdiction of the presiding officer. The presiding Officer, therefore, sent the records of this case to the District Judge with a request that the case may be transferred to a Court of competent jurisdiction. The case has since been transferred to a Court presided over by a Subordinate Judge exercising powers of the Second Class.