LAWS(PAT)-1959-7-17

NANDLAL SINGH Vs. BARATAN

Decided On July 10, 1959
NANDLAL SINGH Appellant
V/S
MT.BARATAN Respondents

JUDGEMENT

(1.) This is a second appeal by the plaintiffs against the concurrent judgments of the courts below based in a suit filed under Order 21 Rule 63 of Civil Procedure Code.

(2.) The plaintiffs had obtained a money decree for Rs. 1500 against the original defendant No. 1 and others. Some of the respondents objected to the execution of that decree claiming that the property attached had been in their possession by virtue of conveyances. The executing court allowed this objection and released the property from attachment. As against this, the plaintiffs-appellants came to the court of the 1st Munsif, who had pecuniary, jurisdiction of Rs. 2,000, with a prayer under Order 21, Rule 63 of the Civil Procedure Code, for a declaration that the property was attachable as it belonged to and was in the possession of the judgment-debtor defendant No. 1, The value of the suit was put at Rs. 1150/-. It is not clear how and under what circumstances it was subsequently held by the 1st Munsif that the value of the property in question was more than Rs. 2000, i. e., beyond the pecuniary limit of his jurisdiction. However, the plaint was ordered by him to be returned to the plaintiffs to be filed in the court of competent jurisdiction. The plaint was actually received by the lawyer of the plaintiffs two days after the aforesaid order was passed but was re-filed in the proper court on the day the plaint was received by the lawyer of the plaintiffs. It may also be mentioned here that the plaint had been filed originally by the plaintiffs in the court of the 1st Munsif on the last day of the period of limitation.

(3.) The case of the plaintiffs was that ths property in dispute bad remained the property of the judgment-debtor who was in possession of it and that the conveyances in favour of the respondents claimants were farzi transactions.