SURAM SINGH Vs. RAM KUMAR

JUDGEMENT

(1.) This is a civil revision petition filed against judgment and order dtd. 25/1/2019 passed by the learned Principal District Judge, Udhampur. Briefly stated, the material facts are as under:

(2.) A Suit for pre-emption came to be filed by respondent No. 1 in the Court of learned Sub Judge (Special Mobile Magistrate), Udhampur. Written statement was filed by the defendant-petitioner herein in which an objection was taken with regard to the valuation of the Suit and the jurisdiction of the Court to entertain the same. The trial Court by virtue of order dtd. 27/2/2018 held that the Suit was outside the pecuniary jurisdiction of the Court and in those circumstances ordered the return of the plaint in original to plaintiff-respondent No. 1 in terms of Order VII Rule 10 CPC to be presented before the appropriate forum.

(3.) An appeal was preferred by the plaintiff-respondent No. 1 before the learned Principal District Judge, Udhampur, who, by virtue of order dtd. 25/1/2019, permitted the plaintiff to withdraw the suit with liberty to file fresh one if need arose. It was held that no prejudice would, thus, be caused to the defendant, inasmuch as, the rights of the parties had yet to be determined.