K.C.BHARGAVA, D.D.BAHUGUNA
ESCORT LIMITED – Appellant
Versus
JWALI SINGH – Respondent
Mr. Justice K.C. Bhargava, President— This is a revision against order dated 7.10.1992 passed by the District Forum, Aligarh in Complaint Case No. 99 /1997.
2. Learned Counsel for the applicant has argued that the District Forum had no jurisdiction to grant amendment to bring the claim petition within its jurisdiction. According to learned Counsel, the claim petition as such moved was beyond the pecuniary jurisdiction of the District Forum and the District Forum having no jurisdiction to try this case could not have granted amendment. On the other hand, learned Counsel for the opposite party-claimant, has argued that the amendment can be allowed by the District Forum to bring the claim within its jurisdiction even if on scrutiny it is found that the claim is beyond the pecuniary jurisdiction of the District Forum. A copy of the relief para of the claim petition has also been filed. A perusal of it goes to show that the claimant has claimed replacement of the Tractor free of cost or to pay cost of the Tractor along with 16% interest i.e. refund the amount of Rs. 2,91,611 /-, a sum of Rs. 25,000/- as damages for pain and mental agony, and damages of Rs. 1,000/- per day from the d
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