BADRI NARAYAN SHARMA Vs. PANCHAYAT SAMITI DHARIAWAD

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of Munsif, Kanore, setting aside an ex parte decree passed in his favour on 17-12-1970.

(2.) THE relevant facts are these. Badri Narayan, petitioner-plaintiff, filed a suit against Panchayat Samiti, Dhariawad, valued at Rs. 2,822/- in the Court of Civil judge, Udaipur. The pecuniary jurisdiction of Munsifs at that time extended only up to Rs. 2,000/ -. Summons was duly served on the defendant, issues were framed and the evidence of the plaintiff was recorded in part on 17-4-1970 by the learned Civil Judge. Both the parties were present in his Court on that date and the case was adjourned to 6-8-1970 for completing the statement of Badri narayan and for recording the evidence of his remaining witnesses.

(3.) BEFORE 6-8-1970 the pecuniary jurisdiction of Munsif was extended to Rs. 5,000/- and this suit was accordingly transferred to the Court of Munsif, Kanore, by an order of the District Judge, Udaipur, dated 6-7-1970. This order was recorded on the order-sheet of the file of the learned Civil Judge and the file was sent to the Court of Munsif, Kanore.