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2009 Supreme(All) 1677

S.U.KHAN
BHAGMANI (DEAD) – Appellant
Versus
Vth ADDITIONAL DISTRICT JUDGE, BALLIA – Respondent


Advocates:
Counsel :
V.D. Ojha for the Petitioner; R.N. Singh and S.N. Singh for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioner. No one has appeared on behalf of contesting respondents even though the case has been taken up in the revised list.

2. This is plaintiff’s writ petition. Original petitioner filed O.S. No. 137 of 1978 against contesting respondents before Munsif, Ballia. The suit was transferred for disposal to VIIIth Additional Munsif, Ballia. The valuation of the suit in the original plaint was shown to be Rs. 209.60. Afterwards plaintiff filed an application seeking amendment in the plaint. Amendment was also sought in the valuation clause of the plaint and it was prayed that suit must be permitted to be valued at Rs.10,003.84. The VIIIth Additional Munsif through order dated 15.5.1980 invited objections of the defendant on the amendment application filed by the plaintiff and fixed 18.7.1980 for disposal of amendment application. However, on the very next date, i.e. 16.5.1980, the VIIIth Additional Munsif wrote a letter to the District Judge requesting for transfer of the suit to a Court of competent jurisdiction (at that time, jurisdiction of Munsifs was confined to Rs.10,000/- and suits valued at more than Rs.10,000/- were


















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