The main legal point established in the judgment is that the transfer of a case to a court with competent jurisdiction under Section 24(5) of the Code of Civil Procedure is valid, and the transferee court has the power to proceed from the stage at which the case was transferred, without the need for de novo proceedings.

( 1 ) THIS appeal stems out of a suit for possession over the property details whereof are given in para 1 of the plaint and for permanent injunction restraining the defendants/respondents from demolishing or causing any damage to the said property.

( 2 ) THE suit was valued at Rs. 240. The suit was contested by the defendants who inter alia took the plea of undervaluation of the suit and insufficiency of the court fee. Learned trial court framed preliminary issues regarding undervaluation. The value of the suit was determined at Rs. 30,000 as against Rs. 240. The plaint was directed to be amended accordingly and letter written to the District Judge for transfer of the suit to the court having pecuniary jurisdiction as the valuation of the suit had exceeded the pecuniary jurisdiction of the Court where it was instituted.

( 3 ) ON the letter written in pursuance of the order of the Court, the District Judge transferred the said case to the Court of Civil Judge (Senior Division) where the case proceeded further after framing of the other issues. The first Additional Civil Judge (Senior Division) before whom the case came up for hearing decreed the suit on 18. 9. 2002.

( 4 ) THE defendants preferred first appeal before the learned District Judge which came up for hearing before the learned Special/additional District Judge, Raebareilly. Learned Additional district Judge was of the view that plaint ought to have been returned for presentation before competent court as provided under Order VII, Rule 10 of the Code of Civil Procedure. He was further of the view that after presentation of the plaint, the de novo proceedings ought to have started in the court of Civil Judge (Senior Division ). He, therefore, allowed the appeal and setting aside the judgment and decree of the learned trial court remanded the matter to the learned trial court for return of the plaint under Order VII, Rule 10 of the Code of Civil procedure. It is against this judgment and order of remanding the case, the plaintiffs-appellants have come up before this Court.

( 5 ) AT the time of hearing of the case, learned counsel for the appellants alone appeared and made his submission. None appeared from the side of the respondents.

( 6 ) AFTER hearing the learned Counsel for the appellants and having gone through the judgment of learned first appellate court, I am of the view that learned first appellate court totally lost sight of sub-section (5) of Section 24 of the Code of Civil Procedure which resulted in rendering erroneous judgment.

( 7 ) THE suit initially valued at Rs. 240 was rightly instituted in the court of Munsif, Raebareilly. It was on the basis of plea raised from the other side, the Court after framing preliminary issues and considering the respective submissions of the learned Counsel for the parties arrived at the conclusion that suit ought to have been valued at Rs. 30,000. He, therefore, while holding likewise directed that letter be sent to the District Judge for transfer of the case to the Court of competent jurisdiction for the simple reason that because of exceeding of the valuation, the suit went out of the pecuniary jurisdiction of the Munsif, Raebareilly. The Order VII, Rule 10 provides for the return of the plaint at any stage for presentation before the Court in which the suit should have been instituted. The relevant portion of Order VII, Rule 10 of the Code of Civil procedure is extracted hereinbelow : return of plant.--Subject to the provisions of Rule 10a, the plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instituted.

( 8 ) THE present suit as per valuation was rightly instituted in the Court of Munsif, Raebareilly. The suit as framed and filed before the Munsif court was not cognizable by any other Court. Therefore, the suit was rightly presented and proceeded in the Court of Munsif, Raebareilly. It was after the plea of defendants was taken in reg