GANGABUX Vs. AYODHYAPRASAD

JUDGEMENT

(1.) THIS is an application for revision by the plaintiff Ganga Bux and arises out of a suit for recovery of Rs. 2120/- against the opposite party. The suit was presented in the court of the Munsif, Bandi Kui on the 29th August, 1950. Before the aforesaid date, the Rajasthan Civil Courts Ordinance 1950 had come into force and sec. 19 (1) thereof Munsif's pecuniary jurisdiction in suits was not to exceed Rs. 2000/ -. The suit was, therefore, obviously beyond the pecuniary jurisdiction of the Munsif.

(2.) NO objection was taken on the ground of jurisdiction in the written statement, but the defendant took an objection on the 1st of May, 1951, that the suit was beyond the pecuniary jurisdiction of the court. After this date, the plaintiff filed an application on the 13th of August, 1951, stating that he abandoned the claim to the extent of Rs. 120/- and that he might be permitted to value his suit at Rs. 2000/- only. The learned Munsif did not pass any separate order on this application of the plaintiff, but after hearing the parties on the point of jurisdiction, ordered the plaint to be returned for presentation to the proper court.