SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1990 Supreme(Mad) 922

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE SRINIVASAN
Kandaswamy and Another
Versus
T.K.Ayyanan and Another
C.R.P.No.4205 of 1987
Decided On : 26-10-1990

Advocates:
P.Seshadri, tor P.R.P.K. Venkatasubramanian, for Petitioners. V.Krishnan, for Respondent.

Courts must correctly interpret pecuniary jurisdiction and follow the appropriate procedure when a suit is found to be outside the court's jurisdiction.

Headnote:

Jurisdiction - Pecuniary Jurisdiction - Court's interpretation of pecuniary jurisdiction and dismissal of suit

Fact of the Case:

The petition was filed to dismiss a suit for being outside the pecuniary jurisdiction of the District Munsif. The District Munsif found the suit to be outside his pecuniary jurisdiction and returned the plaint to the plaintiffs for presentation before the proper court.

Finding of the Court:

The District Munsif was right in finding the suit to be outside his pecuniary jurisdiction, but was not right in dismissing the suit. The court held that the District Munsif could only return the plaint and not dismiss the suit if the court had no jurisdiction to entertain the claim.

Issues: Jurisdiction, Pecuniary Jurisdiction, Dismissal of Suit

Ratio Decidendi: The court's decision was influenced by the interpretation of pecuniary jurisdiction and the correct procedure to be followed when a court lacks jurisdiction to entertain a claim.

Final Decision: The civil revision petition was dismissed, and no costs were awarded.

Judgment :

This revision petition is directed against an order passed by the District Munsif, Mettur, in I.A.No.1836 of 1983. The petition was taken out by the 1st respondent herein to dismiss the suit as it was not within the pecuniary jurisdiction of the District Munsif. After hearing the parties, the District Munsif passed an order on 26. 1984 holding that the suit should be dismissed and allowed the petition. Actually, the suit was not dismissed. But the learned District Munsif returned the plaint to the plaintiffs on the next day for presentation before the proper court.

2. It is now stated that the plaint was presented in the Sub Court, Sankari and it is ready for trial

3. The grievance of the petitioners is that the District Munsif had no jurisdiction to return the plaint on the basis of the evidence recorded in the trial. I do not agree with the petitioners. The District Munsif has found that P.W.1 has admitted the value of the suit claim to be worth Rs.82,300. Hence, the District Munsif is right in taking the view that the suit was outside his pecuniary jurisdiction. However, the District Munsif was not right in holding that the suit should be dismissed. The District Munsif could only return the plaint and could not have dismissed the suit if the Court had no jurisdiction to entertain the claim.

4. Though the District Munsif has used a wrong expression in the judgment, it is seen that actually the suit was not dismissed and the plaint was returned. Hence, justice has been done in this case and the petitioners could not make a grievance of the order of the Court. The civil revision petition is dismissed. No costs.

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top