MANIK CHANDRA SARMA Vs. DAMBHARUDHAR SARMA

JUDGEMENT

(1.) The question raised by this rule is whether the Munsiff of Sibsagar had declined jurisdiction in refusing to entertain the suit of the plaintiff for declaration of his right to the office of Bara Thakur of (he temple of Siva and for a permanent injunction restraining the defendants from interfering with the plaintiff's right as Bara Thakur on the ground that the suit; was valued at Rs. 4,600 and was beyond the pecuniary jurisdiction of the Munsif. This order which is challenged was made so far back as 22 April, 1926.

(2.) An appeal was taken against this order to the Additional District Judge who held that as the relief was valued at Rs. 130 by the plaintiff the Munsiff was wrong in returning the plaint, but he thought that the suit was one under Section 92, Civil P.C. and it was desirable that the matter should be heard by the District Judge.

(3.) The District Judge in whose Court the plaint was filed, however, took the view that the suit was not one under Section 92 and could not be entertained by him and held that the proper Court was that of the Subordinate Judge of Jorehat.