LALLU ALIAS CHANDRIKA PRASAD Vs. LAKSHMI NARAIN

JUDGEMENT

(1.) This appeal stems out of a suit for possession over the property details whereof are given in para 1 of the plaint and for permanent injunction restraining the defendants/respondents from demolishing or causing any damage to the said property.

(2.) The suit was valued at Rs. 240. The suit was contested by the defendants who inter alia took the plea of undervaluation of the suit and insufficiency of the court fee. Learned trial court framed preliminary issues regarding undervaluation. The value of the suit was determined at Rs. 30,000 as against Rs. 240. The plaint was directed to be amended accordingly and letter written to the District Judge for transfer of the suit to the court having pecuniary jurisdiction as the valuation of the suit had exceeded the pecuniary jurisdiction of the Court where it was instituted.

(3.) On the letter written in pursuance of the order of the Court, the District Judge transferred the said case to the Court of Civil Judge (Senior Division) where the case proceeded further after framing of the other issues. The first Additional Civil Judge (Senior Division) before whom the case came up for hearing decreed the suit on 18.9.2002.