1. In litigation pertaining to his ejectment, the plaintiff appellant is alleged to have agreed to vacate the premises under his occupation or before 7th of June, 1986, as is evident from the order passed in Civil Appeal No 3 1981, decided by District Judge. Udhampur. Instead of vacating the premises the plaintiff filed a suit for declaration to the effect that the aforesaid order passed by the District Judge, Udhampur was void, unenforceable as being based on fraud and misrepresentation with consequential relief of re-hearing of the appeal on merits. The suit was valued at Rs. 2228.96 and filed in the court of District Judge Udhampur on the ground: "that since the fraud has been committed in relation to the appeal pending before this court and at Udhampur, therefore, this court has jurisdiction to try the suit irrespective of its pecuniary value." The plaintiff also filed an application for the grant of interim relief in which the trial court directed that the execution of the order impugned shall stay till disposal of the suit However after hearing the parties, the court below came to the conclusion that the suit should have been filed in the lowest court competent to try the sam

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