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1988 Supreme(Bom) 365

H.SURESH
Naraindas Mathuradas Narielwala – Appellant
Versus
Mukesh & Co. – Respondent


JUDGMENT - H. SURESH, J.:---This is a plaintiffs' appeal against an order returning the plaint to the plaintiffs, which plaint will have to be ultimately presented to the same Court.

2. The plaintiffs filed this suit in the year 1972 as against the defendants for a mandatory injunction directing the defendants to remove themselves, and things and articles belonging to them from the suit premises and for certain other consequential reliefs. At that time they had valued the suit for mandatory injunction at Rs. 300/- and for the arrears at Rs. 6,659/-.

3. However, some time in the year 1987, the plaintiffs were advised to amend the plaint and seek relief of possession also and naturally they had to value the Premises for the purpose of the said relief and they valued the said relief at Rs. 30,390/-. The amendment was allowed and carried out.

4. When the suit reached for hearing, the defendants thought that they could take up a contention that the Bombay City Civil Court had no pecuniary jurisdiction to entertain and try the suit. The argument was somewhat ingenious. When the suit was filed the pecuniary jurisdiction of the Bombay City Civil Court was to the extent of Rs. 25,000/-, and







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