Partly allowed

M/S Eagle Soraj Township Private Ltd. and Ors. v. M/S Eagle Agro-Farm Private Limited

Bombay HC30 Sept 2011CRA/422/2011

Case brief

AI extract

What is this about?

Single-judge order setting aside an order that refused a preliminary issue on jurisdiction. The High Court directed the subordinate court to frame issues on pleadings, allowing the applicant to urge that improper suit valuation mandates trial by the Senior Division court.

What did the court decide?

Order dated 15th April 2011 is set aside; learned Joint Civil Judge is directed to frame issues on pleadings by October 21, 2011, allowing applicants to pray for a preliminary issue on valuation.

M/S Eagle Soraj Township Private Ltd. and Ors… — Civil Procedure and Limitation | Bombay HC (2011)

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USJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL REVISION APPLICATION NO. 422 OF 2011

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M/s. Eagle Soraj Township Pvt.Ltd. & Ors. .. Applicants v/s. M/s. Eagle Agro-Farm Pvt. Ltd. .. Respondents

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Mr. P.S. Dani i/b V.B. Tapkir for the applicants Ms. Chandana Salgaoncar for respondent no.1

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CORAM : R.Y.GANOO, J DATE : 30^th SEPTEMBER,2011.

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P.C. :

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Rule. Rule is made returnable forthwith. Learned advocate Mr. Dani

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appearing on behalf of the respondents waives service. By consent, petition is taken up for hearing.

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The respondents herein have filed C.S. Suit No.12 of 2011 in the

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Court of learned Civil Judge, Junior Division, Vadgaon, Maval, Dist. Pune. After the filing of the written statement, the present applicants filed an application below Exh.27 praying that the preliminary issue as regards

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pecuniary jurisdiction should be framed. That application came to be rejected by order dated 15^th April, 2011 thereby holding that the Court of learned Joint Civil Judge, Junior Division, Vadgaon, Maval, Pune has jurisdiction. Being aggrieved by order dated 15^th April, 2011, the applicants i.e. original defendant nos. 1,2 and 3 have filed this petition. I have perused the record and I have heard learned advocates on both sides.

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A perusal of application at Exh.27 filed by the applicants would go to show that it was the stand of the applicants that the respondents have not valued the suit in a proper manner and that the Court Fee is also not properly paid and that if the suit is properly valued, such a suit will have to be entertained by the learned Civil Judge, Senior Division, Pune. Learned Civil Judge, Junior Division, Vadgaon on the basis of the application framed an issue as follows.

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“ Whether the Court has pecuniary jurisdiction ?”

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It is noted that the aforesaid application at Exh.27 was filed after the applicants had filed regular written statement. Today, learned advocate for the applicants upon instructions informed the Court that the applicants in

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the written statement have raised the point as regards improper valuation of the suit and the consequences thereof. If this is the position, the application at Exh.27 could not have been filed by the applicants and it was necessary for the applicants to press for framing of appropriate issue as regards improper valuation along with other issues and try the issue as regards valuation if framed as preliminary issue as per the provisions of Order 14 Rule 2(2) of CPC. In view of this, I am inclined to direct the learned Joint Civil Judge, Junior Division, Vadgaon, Mawal to proceed to frame the issues on the basis of the pleadings and for that purpose, he will hear all the parties through their respective advocates. The applicants are free to press before the learned Joint Civil Judge, Junior Division that an issue as regards improper valuation be framed. If the learned Judge on merits comes to a conclusion that the issue as regards improper valuation is required to be framed, he will frame the issue and he will try it as per Order 14 Rule 2(2) of CPC. In the wake of the aforesaid observation, it would be proper to direct the learned Joint Civil Judge, Junior Division, Vadgaon, Mawal to frame the issues on or before 21^st October, 2011.

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For the reasons mentioned aforesaid following order is passed to dispose of the Civil Revision Application.

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ORDER

(i) Order dated 15^th April, 2011 is set aside. Since regular written statement is filed by the applicants and the contention is raised in the said written statement that the suit is not properly valued, the learned Joint Civil Judge, Junior Division, Vadgaon, Maval is hereby directed to conduct the hearing as to what issues should be framed on the basis of the pleadings. At that stage, the applicants will be able to press their point that the suit is not properly valued and pray to the learned Joint Civil Judge, Junior Division that an issue in that behalf be framed. If the learned Joint Civil Judge, Junior Division accepts the said submissions and frames an issues accordingly, then learned Joint Civil Judge, Junior Division shall treat that issue as preliminary issue along with such other issues, which could be treated as preliminary issues and decide those issues as per the provisions of Order 14 Rule 2(2) of the CPC.

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(ii) At that stage, the parties will make it clear to the learned Judge as to whether any of the parties would like to lead evidence in connection with the said issues. Merits of the entire matter are left open. The next date of hearing is reported to be 11^th October, 2011.

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On that date, the applicants shall produce an authenticated copy of this order before the learned Judge so that he could act upon it. The learned Joint Civil Judge, Vadgaon, Maval, Dist. Pune shall complete this exercise by 21^st October, 2011.

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(R.Y.GANOO, J.)

M/S Eagle Soraj Township Private Ltd. and Ors. v. M/S Eagle Agro-Farm Private Limited

Case brief

What is this about?

What did the court decide?

M/S Eagle Soraj Township Private Ltd. and Ors. v. M/S Eagle Agro-Farm Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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