MANNU SINGH Vs. INDRAWASHANI DEVI

JUDGEMENT

(1.) This application is directed against the judgment dated 26-9-1987 passed by Sri Sohailu Rahman, Additional District and Sessions Judge XI, Patna in Misc. Appeal No. 90 of 1984, whereby and whereunder the said learned Court of Appeal below reversed the order dated 21-7-1984 passed by Sri Kalidayal Mishra, Additional Munsif, Patna, in Title suit No. 66/79 / 84/81.

(2.) The fact of the matter lies in a very narrow compass. On 30th of April, 1979, the opposite party filed Title Suit No. 66/79 for a decree for declaration of title and removal of encroachment allegedly made by defendants petitioners. The said suit was valued at Rs. 111. Tae petitioners in the written statement, inter alia, contended that the valuation of the suit property being not less than Rs. 20, 000 the same would be beyond the pecuniary jurisdiction of the said Court. By a Judgment dated 21-7-1984 the learned trial Court held that the valuation of the suit is more than 5500, directed return of the plaint for its presentation before a proper court. Plaintiff preferred appeal as against the said order, as noticed hereinbefore. By reason of the impugned order the learned Court of Appeal below has allowed the said appeal.

(3.) It is admitted at the Bar that in view of the pendency of the Civil Revision application herein, the hearing suit before the Court of Munsif has not yet been concluded. It is also admitted that by reason of Bengal, Agra, and Assam Civil Courts Amendment Ordinance, 1987 promulgated on 26th May, 1987 the pecuniary jurisdiction of the Munsif has been raised to Rs. 25, 000 . However, by reason of the subsequent legislative Act, the pecuniary jurisdiction of the Munsif has been raised to Us. 30, 000.