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2000 Supreme(Raj) 330

BHAGABATI PRASAD BANERJEE
Tulsi Das – Appellant
Versus
Mooli Devi – Respondent


Advocates Appeared:
S.D. Rajpurohit, for the Appellant
Rameshwar Chouhan, for the Respondents

Judgment

Bhagwati Prasad, J.-The present revision petition arises out of the decision of the trial Court dated 9-11-1995 whereby an application filed by the petitioner was dismissed by the trial Court.

2. Learned Counsel pressed before the trial Court that in view of Rule 19 of the Rajasthan Civil Court Ordinance (hereinafter called ‘the Ordinance’), this case is not liable to be tried by the Court of Civil Judge (Junior Division). The trial Court held that in view of a Division Bench decision of this Court the case has been transferred by the District Judge while exercising powers under Section 24 CPC Learned Counsel for the petitioner urges that the decision of the Division Bench requires reconsideration for the following reasons:

1. If Section 19 is held to be retrospective, the cases pending before District Judge of the valuation exceeding Rs. 10,000/-and upto Rs. 25,000/-would go to the Munsif and those exceeding Rs. 25,000/-and upto Rs. 50,000/-would go to Civil Judge, whereby the forum of first/second appeal would be changed from Single Bench/Division Bench of High Court to District Judge/Single Bench. Further the scope of second appeal would be curtailed as in the former ca










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