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Allahbad High Court
T.S.MISRA
Umesh Chandra Bharadwaj - Appellant
Versus
Mahesh Chandra Sharma - Respondent
Decided On : 12/02/1982
CIVIL PROCEDURE CODE - SECTION 24 - TRANSFER OF SUIT - JURISDICTION - NOTICE TO PARTIES - VALUATION OF SUIT - COURT FEES ACT - SECTION 6(4) AND 12 - JURISDICTION OF COURT TO DECIDE VALUATION - CIVIL REVISION - JURISDICTION OF DISTRICT JUDGE TO TRANSFER SUIT WITHOUT NOTICE - JURISDICTION OF MUNSIF TO PASS ORDER WITHOUT NOTICE TO PLAINTIFF.
Fact of the Case:
Plaintiff filed a suit for partition of properties valued at Rs. 45,000/-. Defendant No. 3 raised an objection that the valuation of the suit was Rs. 5000/- and the Civil Judge had no jurisdiction to try the suit. The Civil Judge fixed a date for hearing the application. Defendant No. 3 filed an application under Section 24, C.P.C. in the Court of District Judge, who transferred the suit to the Court of Munsif without issuing notice to the plaintiff or other opposite parties. The Munsif passed an order recalling the appointment of the receiver and restraining the defendants from disposing of or damaging the properties.
Finding of the Court:
1. The District Judge had no jurisdiction to pass the impugned order transferring the suit without issuing notice to the plaintiff and other opposite parties and without giving them an opportunity of being heard. 2. The Munsif did not have jurisdiction to pass the impugned order as the suit was transferred to his Court without jurisdiction. 3. The Munsif passed the order without giving notice to the plaintiff or his counsel and without giving them an opportunity of being heard.
Issues: 1. Whether the District Judge had jurisdiction to transfer the suit without issuing notice to the plaintiff and other opposite parties and without giving them an opportunity of being heard? 2. Whether the Munsif had jurisdiction to pass the impugned order as the suit was transferred to his Court without jurisdiction? 3. Whether the Munsif passed the order without giving notice to the plaintiff or his counsel and without giving them an opportunity of being heard?
Ratio Decidendi: 1. Under Section 24 of the Civil Procedure Code, a District Judge can transfer a suit from one court to another only after issuing notice to the parties and giving them an opportunity of being heard. 2. A Munsif does not have jurisdiction to pass an order in a suit that has been transferred to his Court without jurisdiction. 3. A court cannot pass an order without giving notice to the parties or their counsel and without giving them an opportunity of being heard.
Final Decision: Both Civil Revisions allowed. The impugned order of the District Judge transferring the suit is set aside. The impugned order of the Munsif is also set aside. The suit is sent back to the Court of Civil Judge, Sitapur, who is directed to decide the preliminary issues relating to payment of court fees, valuation of the suit, and the jurisdiction of the Court expeditiously.
"7. That the valuation of the suit for the purposes of jurisdiction is Rs. 45,000/- and for the purposes of court fee is Rs. 1250/- being one-fourth of the value as it is a suit for partition by the cosharer in joint possession of the share of plaintiff on which a court fee of Rs. 213.50 is being paid."
A perusal of the record of the court below shows that the defendants did not file any written-statement while the suit was pending in the Court of Civil Judge, Sitapur. It seems, however, that the defendant No. 3 Mahesh Chandra Sharma filed an application on 28th May, 1977 in the Court of Civil Judge, Sitapur contending that the Court of Civil Judge had no jurisdiction to proceed with the case because the valuation of the suit is Rs. 5000/-. The learned Civil Judge fixed 5th July, 1977 for hearing of that application. It further appears that several other applications pertaining to the appointment of receiver were also filed on 28th May, 1977 and some orders were passed on the same. Mahesh Chandra Sharma then filed an application in the Court of District Judge, Sitapur under S.24, C.P. C. in para 7 of that application he stated as follows:-
"7. That the applicant, inter alia, raised an objection that the valuation of the suit according to the plaintiffs share in the properties admittedly comes to Rs. 5000/- only and it was beyond the jurisdiction of the learned Civil Judge, Sitapur and all orders which had been passed up till then and which are being passed or which may be passed, are all null and void."
In paragraph 8 of that application Mahesh Chandra Sharma averred that the learned Civil Judge was requested by him to decide the matter of jurisdiction first and then proceed with the case but he refused to do so and passed an order modifying the earlier order of the appointment of the receiver. Again in para 10 (a) Mahesh Chandra Sharma contended that the learned Civil Judge is proceeding with the case of the valuation of Rs. 5000/- of which he has no jurisdiction. He, therefore, prayed before the District Judge that Suit No. 14 of 1977 be withdrawn from the Court of Civil Judge, Sitapur and the plaintiff be directed to present the plaint in the Court of competent jurisdiction. On that application the learned District Judge passed the following order :-
"Register as a misc. case. Issue urgent notice to the counsel for the plaintiff. Put up tomorrow for orders."
Sd.
D. J.
30-5-1977"
Notice to Sri Ram Krishna Srivastava Advocate was hence issued because he had appeared for Umesh
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