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MAHENDAR KUMAR GOYAL
Ramlal S/o. Shri Narayan – Appellant
Versus
Janwarilal Alias Joharilal S/o. Shri Magna – Respondent
JUDGMENT :
1. The unsuccessful plaintiff has preferred this second appeal against the judgment and decree dated 15.12.2018 passed by the learned Additional District Judge No.1, Beawar, District Ajmer (for brevity, “the learned Appellate Court”) in Civil Appeal No.36/2013 (CIS No.91/2014) whereby, while dismissing the appeal, the judgment and decree dated 17.09.2013 passed by the learned Additional Civil Judge (Senior Division) No1. Beawar (for brevity, “the learned trial Court”) dismissing the Civil Suit No.113/02(55/87) for declaration, possession and permanent injunction, has been affirmed.
2. The relevant facts in brief are that the plaintiff filed a suit against the respondents/defendants (for brevity, “defendants”) stating therein that the suit shop No.20 situated outside Chang Gate, Gandhi Chowk, Beawar, as described in Para No.1 of the plaint, was taken on rent by him on 24.10.1966 from the defendant No.2-Municipal Council, Beawar for a period of 5 years which was extended from time to time and lastly on 01.11.1981 for a period of 5 years. It was averred that possession of the entire suit shop along with its furniture and fitting was handed over by him to the defendant No.1 on
Point of Law : Objection as to local jurisdiction of a court does not stand on the same footing as an objection to the competence of a court to try a case.
Point of Law - By amendment in the Provincial Small Cause Courts Act, 1887 the limit of pecuniary jurisdiction of small causes court was increased from Rs.25,000/- to Rs.1 Lakh.
The main legal point established in the judgment is the proper valuation of the suit and the court's pecuniary jurisdiction as per CPC Sections 6, 15, and 21(2).
The main legal point established in the judgment is the importance of adhering to the rules of procedure and jurisdiction, particularly in relation to the pecuniary jurisdiction and the court in whic....
Interim Application - Contract for sale - Court-fee value and jurisdictional value to be same in certain suits - When there is a reasonable doubt with respect to quantum of court fees, the benefit mu....
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