KEDARNATH LAL Vs. SHEONARAIN RAM

JUDGEMENT

(1.) On the 20th of October 1944, the applicants instituted a batch of title suits in the Court of the second Munsiff, Buxar, who had pecuniary jurisdiction up to Rs. 4,000. On the 23rd of January 1945, the defendants filed written statements. Thereafter a Pleader Commissioner was appointed who after making local inspection submitted a report. But on the 22nd of February 1947, the District Judge of Shahabad passed an administrative order transferring the batch of suits from the Court of the second Munsiff to the Court of the Additional Munsiff, Buxar, who had pecuniary jurisdiction up to Rs. 1,000. As the defendants objected that the suits were undervalued, the Munsiff proceeded to take evidence. He eventually decided that six of the title suits, namely, 198, 201, 203, 207, 208 and 209, should be valued between Rs. 1,140 and Rs. 3,360 and were, therefore, beyond his jurisdiction. The Munsiff ordered that the plaints should be returned for presentation to the proper Court.

(2.) The applicants then prayed to the District Judge of Shahabad that the six title suits should be transferred back to the Court of the second Munsiff, Buxar, where they had been originally filed. The District Judge rejected the petition holding that he had no jurisdiction to transfer the suits when the plaints had been already ordered to be returned.

(3.) The applicants have now obtained a rule from this Court under Section 115 of the Code of Civil Procedure.