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2021 Supreme(HP) 920

SURESHWAR THAKUR
Hemender Pal Singh Son of Sh. Karam Singh Verma – Appellant
Versus
Abhishek Thakur Son of Sh. Roop Singh Thakur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. NEERAJ GUPTA, SR. ADVOCATE WITH MR. AJIT JASWAL, ADVOCATE.
For the Respondent:MR. RAMAN SETHI, ADVOATE FOR RESPONDENT MR. K.D SOOD, MR. HET RAM,

JUDGMENT :

1. The plaintiff Abhishek Thakur instituted a Civil Suit bearing No. 53 of 1999 before this Court. However, through an order made on 12.10.2001, order whereof, becomes extracted hereinafter, the Civil Suit (supra) as became instituted before this Court, rather became transferred to the Court of learned District Judge, Mandi.

    “The value of the present suit for the purposes of Courtfee and jurisdiction has been fixed at Rs.5,95,600/-. In pursuance of the amendment of the H.P Courts Act vide Amendment Act no. 16 of 2001, the original pecuniary jurisdiction of the high court has been raised to above ten lacs. Under the circumstances, this case is transferred to the Court of District Judge, Mandi, who may either try the same in accordance with law or entrust it to any other court of competent jurisdiction. Parties through their learned counsel are directed to appear before the learned District Judge, Mandi on 19th November, 2001.”

2. In Civil Suit (supra), the plaintiff claimed the making of the hereinafter extracted declaratory decree:-

    “It is, therefore, respectfully prayed that the suit may be decreed and a decree for declaration may be granted in favour of the plaintiff and

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