VIJAYKISHAN Vs. AJABNATH

JUDGEMENT

(1.) THIS is a revision against an order of the Civil Judge of Jodhpur, and has been referred to a Division Bench.

(2.) THE opposite party Ajabnath and others filed a suit for redemption of a mortgage dated Fagun Vadi 11, Svt. 1941, against the petitioner Vijay Kishan. THE amount secured by the mortgage was Rs. 451/-, part of which only carried interest. THE mortgage was with possession. THE suit was filed in the court of Joint Kotwal No. 1, Jodhpur whose pecuniary jurisdiction was limited to suits of the value of Rs. 1,000/ -.

(3.) AS a result, it must be held that the original court in which the suit was filed had jurisdiction to try the suit. Therefore, while not agreeing with the reasons given by the learned Civil Judge, his order for re-entertaining the suit by the court of Munsiff, Jodhpur City, and for proceeding to decide the case on the merits is upheld on different grounds.