Remanded¶12

Vishnu Prasad Aggarwal v. Vinod Awana and Others

Allahabad HC22 May 2025CLRE/35/2012

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Allahabad High Court; Neutral Citation 2025:AHC:89738; Civil Revision No. 35 of 2012; Vishnu Prasad Aggarwal v. Vinod Awana And Others; Neeraj Tiwari, J.; order dated 23.5.2025; maintainability of revision; pecuniary jurisdiction; valuation of suit Rs. 3,50,000/-; valuation of counter claim Rs. 11,27,000/-; threshold Rs. 25,00,000/-; Section 21(b) Bengal, Agra and Assam Civil Court's Act, 1887; transfer of records to District Judge, Gautam Buddh Nagar; counter claim; office report dated 26.03.2025; no merits adjudication.

What did the court decide?

Records of the revision directed to be transferred to the District Judge, Gautam Buddh Nagar at the earliest; file consigned to the records. No adjudication on merits. ¶12

Vishnu Prasad Aggarwal Vs Vinod Awana and Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:89738

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Court No. - 1 Case :- CIVIL REVISION No. - 35 of 2012 Revisionist :- Vishnu Prasad Aggarwal Opposite Party :- Vinod Awana And Others Counsel for Revisionist :- Narendra Kumar Giri Counsel for Opposite Party :- Anil Sharma,Ravi Kiran Jain,Rohit Ranjan Agarwal

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for revisionist.

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Case was heard on 16.01.2020, Court has passed following order:-

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"This is a revision filed by the defendant who set up a counter claim in the original suit against the order dated 2.11.2011 passed by the Additional Chief Judicial Magistrate-I/Additional Civil Judge I (Senior Division), Gautam Budh Nagar. Though the valuation of the suit as stated in the memorandum of revision is Rs. 3,50,000/-, the valuation of counter claim is stated to be 11,27,000/-.

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However, the office report of 12.2.2016 states that since the valuation of this appeal is below Rs. 25,00,000/-, and it arises out of the judgement and decree of the Additional Civil Judge (Senior Division)-I, Gautam Budh Nagar it stands transferred to District Judge, Gautam Budh Nagar.

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The office shall put up a fresh report when the matter is listed next in the next cause list."

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Pursuant to the order of this Court, Office has submitted its report dated 26.03.2025, which is quoted below:-

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"In compliance with the Hon'ble Court's order dated 16.01.2020, Stamp Reporter humbly submits that Valuation of the Suit given is Rs. 3,50,000/- and the Valuation of the Counter Claim given is Rs. 11,27,000/- in the instant revision.

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Thus, in view of the Amendment in Section 21(b) of Bengal, Agra and Assam Civil Court's Act, 1887 this Revision would be maintainable before the Ld. District Judge, Gautam Buddh Nagar as the aforesaid Valuation of Suit/Counter Claim is below Rs. 25,00,000/-."

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Therefore, in the light of Office report, records of this revision be transferred to District Judge, Gautam Buddh Nagar at the earliest.

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File is consigned to the records.

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Order Date :- 23.5.2025/Sartaj

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Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad

Vishnu Prasad Aggarwal v. Vinod Awana and Others

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Vishnu Prasad Aggarwal v. Vinod Awana and Others

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