A.SAMBASIVA RAO, A.RAGHUVIR
V. Appannammanayuralu – Appellant
Versus
B. Sreeramulu – Respondent
( 1 ) WHAT is inherent lack of jurisdiction? This is the crucial question we will have to answer while deciding this Letters Patent Appeal.
( 2 ) IT has arisen out of execution proceedings. The respondent has levied execution of a decree he had obtained in A. S. No. 198/73 in the District Court, Srikakulam. That appeal had been preferred by the plaintiff-decree-holder against the decision of the Subordinate Judges Court, Srikakulam which partly decreed his suit O. S. 37/72. He filed that suit on 13th of July 1972 to recover a sum of Rs. 9,300. 00. While the suit was pending the Civil Courts Act was amended with effect from 1-11-1972, conferring jurisdiction on District Courts to entertain appeals against suits up to the value of Rs. 15,000. 00. Until then, that pecuniary limit was limited to Rs. 7,500. 00. The Subordinate Judges Court partly decreed the suit some time later i. e. , on 3/07/1973. Seeking larger relief the plaintiff-decree-holder preferred A. S. No. 198/73 to the District Court, Srikakulam which modified the trial Courts decree and awarded a ;larger amount. The present appellant, who was the respondent in that appeal, did not object to the jurisdict
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