V.BALAKRISHNA ERADI, R.B.MISRA, D.A.DESAI
Vijay Kumar Rampal – Appellant
Versus
Diwan Devi – Respondent
Judgment
JUDGMENT :- These two appeals disclose a distressing feature of the vagaries of judicial process and the horrendous delay in disposing of cases and controversies. The appellants who are plaintiffs filed two suits for possession of land particulars of which are described in a plaint in each case. The suits bore Nos 32 and 33 of 1967. They were instituted the Court of District Judge, Jammu in the State of Jammu and Kashmir. On the summons of the suits being served defendants entered appearance and, inter alia, contended that the Court of District Judge, Jammu had no jurisdiction to try each of the suits on the ground that in view of the pecuniary jurisdiction it should have been instituted in the Court of the lowest pecuniary jurisdiction. This contention found favour with the learned District Judge who by his order dated May 23, 1968 directed that plaint on each of the suits be returned to the plaintiff for presentation to the proper court. Pursuant to this order the plaint in each suit was returned on May 24, 1968 and on the same date both the plaints were presented in the Court of Sub Judge at Jammu.
2. A contention was raised by the defendants that the suits when presented
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