Sabyasachi Bhattacharyya, J. - (1.) The present revisional application has been filed at the instance of a defendant in an eviction suit. By virtue of the impugned order dated November 14, 2017, the petitioner's application under Order VII Rule 10 of the Code of Civil Procedure was dismissed on contest. Initially the suit was valued at Rs.31,880/- and was filed before the Civil Judge (Junior Division), Second Court at Alipore. Subsequently, by an administrative transfer, the suit was transferred to the Second Additional Court of Civil Judge (Junior Division) at Alipore. It may be mentioned here that this was not merely an initial order of assignment under Section 13(2) of the Bengal, Agra & Assam Civil Courts Act, 1887 but a subsequent transfer under Section 24 of the Code of Civil Procedure.
(2.) Subsequent to such transfer, at the instance of the plaintiff/opposite party, an amendment was carried out to the plaint, thereby inter alia increasing the valuation of the suit from Rs.31,880/- to Rs.35,127.20p. After such amendment was effected, the defendant/petitioner took out an application under Order VII Rule 10 of the Code of Civil Procedure for return of the plaint to a Court having jurisdiction to hear the matter. The premise of such application was that the upper limit of the pecuniary jurisdiction of the transferee Court, that is, the Second Additional Court of Civil Judge (Junior Division) at Alipore was Rs.30,000/-. However, the upper limit of the pecuniary jurisdiction of the Court of institution of the suit, that is, the Civil Judge (Junior Division), Second Court at Alipore was Rs.60,000/-. As such, it was pointed out, that the amended plaint took the valuation of the suit above the pecuniary limit of the transferee Court and as such, the suit ought to be transferred to the Court having pecuniary jurisdiction to hear the matter.
(3.) It is argued on behalf of the petitioner that it is settled law that, upon the plaint being amended, if the valuation of the suit is enhanced beyond the pecuniary jurisdiction of the Court, the plaint has to be returned for being presented before the appropriate Court.;