Appeal against transfer of a suit from Additional District Judge to Civil Judge (Junior Division), Kandaghat, following High Court's enhancement of pecuniary jurisdiction. The Court held Section 15 CPC requires suits to be tried by the lowest competent court and dismissed the appeal.
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Neutral Citation No. ( 2024:HHC:4318 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
FAO No. 21 of 2020 Date of Decision: 02.07.2024
Veena Julka & another
....Appellants
Versus
Krishnawati & others
....Respondents
Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No.
For the Appellants : Mr. R.K.Gautam, Senior Advocate with Mr. Jai Ram Sharma, Advocate. For the Respondents : Mr. Mukesh Kumar, Advocate vice Mr. Rajiv Rai, Advocate, for respondent No.1 Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondent No.2.
Rakesh Kainthla,Judge (Oral)
Learned counsel for the appellants pointed out that
respondents No. 3 and 4 have already been served by way of publication and thereafter they have been proceeded against ex parte.
2 . Perusal of the record shows that respondents No. 3 and 4 have already been proceeded against ex parte vide order
Whether reporters of the local papers may be allowed to see the judgment? Yes
2
dated 23.04.2024 of Additional Registrar (Judicial ); hence, there is requirement of their service.
3
learned First Appellate Court to transfer the matter to learned Civil Judge (Jr.Division), Kandaghat, District Solan, H.P.
7. Therefore, there is no infirmity in the order passed by the learned First Appellate Court. Hence, the present appeal fails and the same is dismissed.
8. Parties through their respective counsel are directed to appear before the Court of learned Civil Judge (Jr. Division),
4
Kandaghat, District Solan, H.P. on 12th July, 2024. Registry is
directed to transmit the records forthewith.
(Rakesh Kainthla) Judge
02nd July, 2024.
(Ravinder)
1 issue framed by the court
Whether a suit could be transferred to a lower court mid-pendency after enhancement of pecuniary jurisdiction, absent an earlier jurisdictional objection.
1 provisions across 1 enactments
Veena Julka & another
Krishnawati & others
Rakesh Kainthla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
