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2024 Supreme(Raj) 488

MADAN GOPAL VYAS
West Zone Cultural Centre, Udaipur – Appellant
Versus
Gurukripa Petroleum Exchange – Respondent


Advocates Appeared:
For the Appellant : Mr. Sajjan Singh Rajpurohit, Mr. Prashant Tatia, Mr. Ashok Kumar Godara
For the Respondent: None present

JUDGMENT :

MADAN GOPAL VYAS, J.

The present civil first appeal under Section 96 of the CPC has been preferred by the appellant-defendant against the judgment and decree dated 30.09.1994 passed by learned Additional Civil Judge (Senior Division) No.3, Udaipur (for short, ‘learned trial Court’) in Civil Original Case No.63/1993.

2. Before going into the merits of the appeal, the question for consideration is that whether the present first appeal against the judgment and decree dated 30.09.1994 passed by learned trial Court is maintainable before this Court or not ?

3. Learned counsel for the appellant submitted that the appellant had preferred the present first appeal under Section 96 of the CPC before this Court against the judgment and decree of the learned trial Court only for the reason that an amendment in the Rajasthan Civil Courts Ordinance, 1950 (for short, ‘the Ordinance of 1950’) came in the year 1992 w.e.f. 12.08.1992 by which the pecuniary jurisdiction of the Courts of Munsiffs and Civil Judge was revised and enhanced. It is further submitted that vide amendment of 1992, the pecuniary jurisdiction of Civil Judge was enhanced from Rs.25,000/-to Rs.50,000/. Similarly, the juris

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