MANOJ MISRA,J. - (1.)This is a defendant's petition against an order dated 15.11.2016 passed by the Judge Small Causes, Agra in SCC Suit No. 82 of 2002 by which he has refused to return the plaint of SCC Suit No. 82 of 2002 and has held that it has pecuniary jurisdiction to hear the matter and has thereby fixed a date for arguments. The petitioner has also challenged the order dated 17.01.2017 passed by the District Judge, Agra in S.C.C. Revision No. Nil of 2016 by which the revision preferred by the petitioner against the order dated 15.11.2016 has been dismissed in limine. Facts
(2.)The facts giving rise to the present petition are as follows:- The plaintiff-respondent instituted SCC Suit No. 82 of 2002 in the Court of Judge Small Causes, Agra. The suit was valued above Rs.25,000.00, at Rs. 28,965/-, for the purpose of jurisdiction. The defendant filed written statement. Apart from contesting the proceeding on merits, raised an objection as regards pecuniary jurisdiction of the Judge Small Causes by claiming that the pecuniary jurisdiction of Judge Small Causes was up to Rs. 25,000.00 only. It appears that the objection in respect of pecuniary jurisdiction was not considered by the trial court. The suit proceeded, parties led evidence and, thereafter, the suit was decreed on merits by judgment and decree dated 27.02.2010.
(3.)Aggrieved by the judgment and decree passed by the trial court, the defendant-petitioner filed SCC Revision No. 13 of 2010.