LAWS(HPH)-2011-4-356

JUMLA JAMIDARAN Vs. JUMLA JAMIDARAN AND ORS.

Decided On April 28, 2011
Jumla Jamidaran Appellant
V/S
Jumla Jamidaran And Ors. Respondents

JUDGEMENT

(1.) BY means of this petition, the Petitioner prays that the case may be transferred from the Court of learned Civil Judge (Jr. Division) Rampur Bushahr to the Court of learned Civil Judge ( Sr. Division) Kinnaur at Reckong Peo.

(2.) THE case was pending in the Court of District Judge, Kinnaur Civil Division at Rampur Bushahr. The value of the suit for the purpose of Court fee and jurisdiction was Rs. 2.20 lacs. Due to the notification issued by this Court, the Civil Judges (Jr. Divisions) were vested with the powers of pecuniary jurisdiction to hear suits value of which is upto Rs. 5 lacs and Civil Judges (Sr. Divisions) with pecuniary jurisdiction to hear suits valuation of which is upto Rs. 10 lacs. The learned District Judge, Kinnaur (Civil Division) at Rampur held that he had no jurisdiction to decide the suit and therefore, transferred the same to the learned Civil Judge (Jr. Division) Rampur Bushahr.

(3.) THEREFORE , the petition is allowed and the Civil Suit No. 1/2000 now numbered as CS 140 -1 of 2010, titled as Jumla Jamidaran R/o Vill. Jangi v. Jumla Jamidaran R/o Vill. Akpa and Ors. shall stand transferred from the Court of Civil Judge (Jr. Division) Rampur Bushahr to the Court of Civil Judge (Sr. Division) Kinnaur at Reckong Peo. The parties through their learned Counsel are directed to appear before the learned Civil Judge (Sr. Division) Kinnaur at Reckong Peo on 8th June, 2011. The Registry is directed to ensure that the copy of this order is immediately sent by Fax to the Court of Civil Judge (Jr. Division) Rampur Bushahr, so that the record can be sent to the Court of Civil Judge (Sr. Division) Kinnaur at Reckong Peo well before the said date. No costs.