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1977 Supreme(Del) 73

D.K.KAPUR
RAIL CHAND – Appellant
Versus
ALAL CHAND – Respondent


D. K. KAPUR

( 1 ) THE present Revision has been filed tochallenge the validity of the order passed by the Commercial Sub Judgewhereby he decided Issue No. 5 in the suit : the said issue was regardingthe value for purposes of court-fees and jurisdiction. It was held that thepecuniary jurisdiction was Rs. 48,200. 00 and not Rs. 24,000. 00 as fixedby the plaintiff. However, the Court did not return the plaint, butordered the file to be sent to the Court District Judge for transfer to acompetent Court.

( 2 ) THE history of the case is some justification for the order actually passed by the Commercial Sub Judge. The suit was instituted forrendition of accounts and partition of Joint Hindu Family property. As the valuation for purposes of jurisdiction was less than Rs. 25,000. 00the suit was properly instituted before a Subordinate Judge. At thattime, the Delhi High Court Act provided that suits above Rs. 25,000. 00had to be instituted in the High Court. Later, the valuation was raisedto Rs. 50,000. 00 in the case of the High Court and the Subordinate Judges got jurisdiction to deal with suits below Rs. 50,000. 00. Still later,the pecuniary jurisdiction of Subordinate Judges was reduced t





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