LAWS(HPH)-2014-6-104

OM PARKASH MEHTA Vs. SAROJ BALA

Decided On June 26, 2014
Om Parkash Mehta Appellant
V/S
SAROJ BALA Respondents

JUDGEMENT

(1.) THE present petition has been filed by the plaintiff -petitioner for setting aside/quashing the order dated 21.02.2014 passed by the learned Additional District Judge, Una, in Civil Suit No. 8/8 of 2013, titled Om Parkash Mehta versus Saroj Bala, whereby the learned Additional District Judge, Una, dismissed the application for re -transfer of the Civil Suit to this Court.

(2.) UNDISPUTEDLY , the suit has not been transferred by the order of the Court and it appears that the transfer had been effected in view of the notification No. HHC/PJ/93 -I dated 03.10.2013 issued by this Court on its administrative side enhancing the pecuniary jurisdiction of all the Courts in the State including this Court and also subordinate Courts. In terms of the notification issued by this Court, the pecuniary jurisdiction of the District Judge is up to Rs. 30 lacs, while a perusal of the plaint would show that the value of the suit for the purpose of court fee and jurisdiction had been affixed at Rs. 47,74,000/ -. Infact, the plaintiff even approached the Court of the learned Additional District Judge, Una, for having the records of the case re -transferred to this Court, however, the said application was dismissed by according the following reasons: -

(3.) THE learned Court below is directed to re -transfer the entire records of Civil Suit No. 8/8 of 2013 titled Om Parkash Mehta versus Saroj Bala immediately to this Court and in no event later than by 15th July, 2014. A copy of this order be sent to the concerned Court.