DAYARAM JAGJIVAN Vs. GORDHANDAS DAYARAM

JUDGEMENT

(1.) Before discussing the somewhat difficult question of law herein it is necessary to give an outline of the material facts.

(2.) This is an appeal from the order of the First Class Subordinate Judge of Thana, whereby he directed the plaint to be returned to the plaintiff for presentation to the proper Court inasmuch as the lands in question were not of the value of Rs. 5,000 and therefore his Court at Thana had no jurisdiction to try the suit.

(3.) The plaintiff Dayaram Jagjivan sued the three defendants (1) Goverdhandas Dayaram, (2) Damodar Vithoba and (3) Chin" taman Bhagwan for the relief hereinafter set forth. Defendant. I had got a decree No. 17,520 of 1900 in the Bombay Small Causes Court against the Bombay firm of Moti Jagjiwan and Co. for a certain sum. In execution of that decree which was transferred to the Second Class Subordinate Judge's Court at Dahanu the said defendant caused the lands in question to be attached. They are situate at Kanadu near Kalgaon in the Taluka of Umbergaon within the jurisdiction of the said Second Class Subordinate Judge's Court.