The High Court of Himachal Pradesh, upon notification enhancing pecuniary jurisdiction to one crore, directed transfer of consolidated civil suits to the District Judge, Shimla, for trial as the value of the suits falls within the District Court's limit.
Registry directed to transfer case files to the Court of the learned District Judge, Shimla.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
| Civil Suit No.14 of 2009 a/w Civil Suit No.98 of 2008, 116 of 2008, 13 of 2009 and 29 of 2009 Date of Decision: 16.12.2022 |
|
|---|---|
| ________________________ 1.Civil Suit No.14 of 2009 |
_______________________________ |
| Sh. Pyare Lal Thanta. | …….Plaintiff Versus |
| The State of H.P. & Ors. | … Defendants |
| 2.Civil Suit No.98 of 2008 | |
| Sh. Mogh Chand & Anr. | …….Plaintiffs |
| Versus | |
| The State of H.P. & Ors. | … Defendants |
| 3.Civil Suit No.116 of 2008 | |
| Rai Singh Diwan(deceased) th | rough LRs …….Plaintiffs |
| Versus | |
| State of H.P. & Ors. | … Defendants |
| 4.Civil Suit No.13 of 2009 | |
| Smt. Nirmala Chauhan | …….Plaintiff |
| Versus | |
| The State of H.P. & Ors. | … Defendants |
| ________________________ 5.Civil Suit No.29 of 2009 |
_______________________________ |
| Sh. Bhag Mal Thakur | …….Plaintiff |
2
Versus
The State of H.P. & Ors.
… Defendants
_______________________________________________________ Coram:
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?1
| For the Plaintiff(s): | Mr. B.M.Chauhan, Senior Advocate with Mr. M.S.Katoch, Advocate, for the plaintiffs, in both the suit, except Civil Suit No.116 of 2008. |
|---|---|
| Mr. Romesh Verma, Senior Advocate with Mr. Hitesh Thakur, Advocate, for the plaintiff in Civil Suit No.116 of 2008. |
|
| For the Defendants: | Mr. Sudhir Bhatnagar and Mr. Narender Guleria, Additional Advocate Generals with Mr. Sunny Dhatwalia, Assistant Advocate General, for defendant Nos. 1,2 and 5. |
| Mr. Inderjit Singh Narwal, Advocate, for defendant Nos. 3 and 4 in both the suits. |
|
| Mr. S.C.Sharma, Advocate, for defendant No.4 in Civil Suit No.13 of 2009. |
|
| Mr. Sunil Mohan Goel, Advocate, for defendant No.6 in Civil Suit No.14 of 2009, Civil Suit No.13 of 2009 and 29 of 2009 and for defendant No.5, in Civil Suit No.116 of 2008 and defendant No.7 in Civil Suit No.98 of 2008. |
|
| ___________________ Sandeep Sharma, Jud |
____________________________________ ge (oral): |
Learned counsel representing the parties fairly state that
on account of Notification dated 10.10.2022, issued by Government of
1 Whether the reporters of the local papers may be allowed to see the judgment?
3
Himachal Pradesh, pecuniary jurisdiction of District Judiciary as well as High Court of Himachal Pradesh, has been enhanced and as such, this Court has now jurisdiction to entertain the suit having value of more than rupees ‘one crore’ and District judge has a jurisdiction to entertain the suit up to the value of rupees ‘one crore’.
4
proceed with the matter. Registry to ensure that entire pleadings along with documents filed by the parties to the lis are also sent to the Court below forthwith.
(Sandeep Sharma), Judge
16th December, 2022 (shankar)
1 issue framed by the court
Whether suits exceeding pecuniary jurisdiction of District Court can be revived after jurisdictional enhancement.
Pyare Lal Thanta
Mogh Chand
Rai Singh Diwan
Nirmala Chauhan
Bhag Mal Thakur
The State of H.P.
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
