GANESH CORPORATION Vs. GUJARAT VIDYUT BOARD

JUDGEMENT

(1.) The appeal is admitted for hearing on the following substantial question of law: Whether on the facts and in the circumstances of the case, the two Courts below were justified in deciding the merits of the matter when it was positively held by both the Courts that the learned Civil Judge had no pecuniary jurisdiction to entertain the suit and whether after holding that the learned Civil Judge (J.D.) had no jurisdiction, was he required to proceed under the provisions of Rule 10, Order VII of the Code of Civil Procedure or could dismiss the suit on merits. With the consent of the parties, the matter is finally heard.

(2.) The plaintiff, after receiving a supplementary bill, filed Regular Civil Suit No.50 of 1987 in the Court of the learned Civil Judge (J.D.). It was submitted by the plaintiff that the suit was not maintainable before the learned Civil Judge (J.D.) as the total value of the suit was beyond Rs.50,000/- because the plaintiff was challenging the validity of the bill for an amount of Rs.49,463/- and was also seeking damages to the tune of Rs.5,500/-.

(3.) The learned Counsel for the appellant submits that once the Court comes to a conclusion that it has no pecuniary jurisdiction to entertain the suit, then, it cannot proceed with the merits of the matter and in accordance with Rule-10 of Order-VII of the Code of Civil Procedure (hereinafter referred to as `the Code' for short), it has to return the plaint for proper presentation or if required, it may observe the procedure as provided under Rule 10A of Order VII of the Code by sending the plaint to the Court of competent jurisdiction with a direction to the plaintiff to appear in the said Court. The submission is that in a case where the Court frames an issue relating to the jurisdiction of the Court, then, such issue should be decided first and if the Court holds that it has jurisdiction to entertain the suit, then only, the Court can proceed to decide the merits. It is submitted that both the Courts have found that the learned trial Judge i.e. Civil Judge (J.D.), had no jurisdiction to entertain the suit. Despite that, they have decided the matter on merits.