BAI DHANGAURI WD O NAGINDAS BHAGWANDAS Vs. JAYANTILAL NAGINDAS
HIGH COURT OF GUJARAT
Bai Dhangauri Wd O Nagindas Bhagwandas
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(1.) The respondent No. 1 Jayantilal Nagindas filed Regular Civil Suit No. 216 of 1972 in the Court of the Civil Judge (J.D.) Surat for a declaration to set aside the release deed alleged to have been executed by him and also for partitioning his Share in certain properties and for some other reliefs. The petitioners Nos. 1 and 2 were the defendants Nos. 2 and 3 in the suit respectively. The respondents Nos. 2 3 and 4 were the defendants Nos. 4 5 and 6 respectively in the suit. The suit was contested by the defendants. One of the contentions raised by the original defendants Nos. 1 to 3 was that the Court had no jurisdiction to entertain the suit and in view of the said contention the trial Judge raised issue No. 14 as to whether the Court has no jurisdiction to try the suit.
(2.) The trial Judge by his judgment and order dated 3-12-1977 was pleased to dismiss the suit of the plaintiff. Being aggrieved and dissatisfied with the trial Courts judgment the plaintiff preferred Regular Civil Appeal No. 71 of 1978.
(3.) The learned Second Extra Assistant .judge Surat by his judgment and order dated 30-9-1980 allowed the appeal and set aside the judgment and order passed by the trial Court except the finding of the trial Court that it had no pecuniary jurisdiction. The finding of the trial Court as regards the question of pecuniary jurisdiction was confirmed by the lower appellate Court. The lower appellate Court further directed that the plaint be returned to the original court of institution i. e. to say the Court of the Civil Judge (S.D.) Surat. It further directed inter alia that the Civil Judge (S.D.) shall register the suit as a special suit and shall dispose it of in accordance with law. It directed the plaintiff to put the valuation for the purpose of jurisdiction at Rs. 20 640 in the first instance.;
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