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1995 Supreme(Raj) 307

N.C.KOCHHAR, R.S.KEJRIWAL
Tara Chand – Appellant
Versus
Shradnand – Respondent


Advocates Appeared:
C.S. Goyal, for Petitioners M.M. Ranjan, for Non-petitioners P.C. Jain, P.N. Agarwal, R.K. Agarwal and N.R. Choudhary, for Interveners

Honble KEJRIWAL, J. - One of us (Justice R.S. Kejriwal), referred the following questions to be decided by larger Bench: —

(1) Whether the District Judge had no jurisdiction to transfer a suit valued less than Rs. 25,000/- which was pending in the Court of District Judge or Additional District Judge at the commencement of Ordinance No. 2/1992, to the Court of Munsif ?

(2) Whether the proceedings and the decree passed by the transferee Court is without jurisdiction and is nullity?

and

(3) Whether Section 19 of the Rajasthan Civil Courts Ordinance, 1950, is retrospective or prospective?

(2). The Honble Chief Justice has constituted this larger bench for deciding the above questions.

(3). Brief relevant facts of the case on account of which the questions have been referred are as under:

(4) On 3.2. 1986, the plaintiffs non-petitioners filed a suit against the petitioners in the Court of District Judge, Alwar. The suit was valued at Rs. 13,800/-. In the year 1988, the suit was transferred to the Court of Additional District Judge No.2, Alwar, who recorded the evidence of the parties. During the pendency of the suit, Rajasthan Civil Courts (Amendment) Ordinance, 1992 (Ordinance No. 2/1992) (fo


























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