RAMESH CHANDER Vs. BHUSHAN LAL

JUDGEMENT

(1.) In a suit triable by a Subordinate Judge Ist Class, is evidence recorded therein by a Subordinate Judge II Class to be treated as a nullity necessitating de novo recording thereof? Herein lies the controversy raised.

(2.) The suit here was instituted in the competent Court, that is, the Court of Subordinate Judge 1st Class on August 19, 1981 and issues were framed on December 12, 1981, but in June, 1982, before any evidence had been recorded, the case was transferred to the Court of Subordinate Judge II Class. All the evidence in the suit was thereafter recorded in this Court. Evidence concluded on January 31, 1984. It was then discovered that having regard to its pecuniary value, the suit was triable by Subordinate Judge 1st Class. The file was consequently sent to the District Judge, who transferred it to the Court of the Subordinate Judge 1st Class.

(3.) Before the Subordinate Judge Ist Class de novo recording of evidence was sought on the ground that the evidence on record had been so taken by a Court having no jurisdiction and it could not, therefore, be looked into. This was declined by the trial Court and it is this order which is now challenged: