MEETA AGARWAL Vs. HATHROIGARI GRAH NIRMAN SEHKARI SAMITI

JUDGEMENT

(1.) The instant transfer application under Sec. 24 of the Code of Civil Procedure, has been filed seeking transfer of Civil Suit No.56/2020 (464/2012) (26/2014), pending before the Court of Additional District Judge No.9, Jaipur Metropolitan II, Jaipur to any other court of equivalent jurisdiction, within the province of Jaipur Metropolitan II, Jaipur.

(2.) Applicant-plaintiff has stated that the present civil suit for declaration, possession, damages, mandatory and permanent injunction, was instituted way back in the year 2008 and wherein after filing the written statement by contesting defendants and framing of issues, both parties have adduced their complete evidence and suit reached at the stage of final hearing. At this stage, the Presiding Officer, instead of hearing and decide the suit on merits, opined that according to valuation of suit, same should be referred to civil court having lower pecuniary jurisdiction and asked the plaintiff to move an application for this purpose. When plaintiff denied to move such an application, the Presiding Officer asked the contesting defendant No.2 to move such application. Defendant No.2, thereafter, filed application on 10/8/2021 praying that the Court of Additional District Judge has no pecuniary jurisdiction to hear and decide the present suit. It may be noticed that such objection was not taken by defendant No.2 in his written statement nor at any stage before concluding of evidence. Plaintiff filed reply and opposed the application, that when no such objection was raised at the initial stage, now after completion of evidence, at the fage end of trial, such application may not be entertained. The Presiding Officer of the trial court, on application of defendants framed issue No.4( "), related to the jurisdiction and decided the same against the plaintiff vide Order dtd. 17/8/2021 and suit has been ordered to be returned under Order 7 Rule 10 CPC for filing before the competent court having lower pecuniary jurisdiction.

(3.) Plaintiff assailed the Order dtd. 17/8/2021 by way of filing S.B. Civil Miscellaneous Appeal No.1566/2021, before the High Court. Vide Order 4/1/2022, the High Court set aside the order dtd. 17/8/2021 and ordered to restore the present suit to its original number as also directed to dispose of the suit within a period of four months.