Hon’ble Manoj Misra, J.—This is a defendant’s petition against an order dated 15.11.2016 passed by the Judge Small Causes, Agra in SCC Suit No. 82 of 2002 by which he has refused to return the plaint of SCC Suit No. 82 of 2002 and has held that it has pecuniary jurisdiction to hear the matter and has thereby fixed a date for arguments. The petitioner has also challenged the order dated 17.1.2017 passed by the District Judge, Agra in S.C.C. Revision No. Nil of 2016 by which the revision preferred by the petitioner against the order dated 15.11.2016 has been dismissed in limine.

FACTS

2. The facts giving rise to the present petition are as follows :

The plaintiff-respondent instituted SCC Suit No. 82 of 2002 in the Court of Judge Small Causes, Agra. The suit was valued above Rs. 25,000/-, at Rs. 28,965/-, for the purpose of jurisdiction. The defendant filed written statement. Apart from contesting the proceeding on merits, raised an objection as regards pecuniary jurisdiction of the Judge Small Causes by claiming that the pecuniary jurisdiction of Judge Small Causes was up to Rs. 25,000/- only. It appears that the objection in respect of pecuniary jurisdiction was not considered by the trial Court. The suit proceeded, parties led evidence and, thereafter, the suit was decreed on merits by judgment and decree dated 27.2.2010.

3. Aggrieved by the judgment and decree passed by the trial Court, the defendant-petitioner filed SCC Revision No. 13 of 2010.

4. The revisional Court by judgment and order dated 29.4.2013 set aside the order dated 27.2.2010 on the ground that the trial Court did not have pecuniary jurisdiction for deciding the suit inasmuch as its pecuniary jurisdiction was limited up to Rs. 25,000/-. The revisional Court, after setting aside the order passed by the trial Court, remanded the matter back to the trial Court to proceed in accordance with law.

5. After the matter was remanded back to the trial Court, it appears, the plaintiff moved an application to transmit the record of the suit to a Court of competent jurisdiction. Before any order could be passed on the above application, an application, purportedly, under Section 24 CPC, was filed before the District Judge concerned for transfer of proceeding of SCC Suit No. 82 of 2002 to a Court of competent jurisdiction.

6. The aforesaid transfer application was registered as T.A. Case No. 259 of 2013 and came to be placed before the Lok Adalat, presided over by District Judge, Agra. Upon which, the District Judge, Agra, on 22.12.2013, ordered transfer of SCC Suit No. 82 of 2002 from the Court of Judge Small Causes, Agra to the Court of Additional District Judge, Court No. 2, Agra.

7. Before passing the transfer order dated 22.12.2013, the petitioner was not heard therefore the petitioner filed Writ Petition No. 47444 of 2014 assailing the transfer order. Whereupon, vide order dated 5.9.2014, the order of transfer passed by the District Judge was set aside and the District Judge was directed to pass a fresh order, in accordance with law.

8. Pursuant to the order of remand, the District Judge, Agra, after hearing the parties, by order dated 3.11.2014, rejected the transfer application by observing that appropriate course for the Court of Judge Small Causes, Agra would be to return the plaint of SCC Suit No. 82 of 2002, under Order VII Rule 10 C.P.C.

9. The validity of the order dated 3.11.2014 has been subjected to challenge by the plaintiff-respondent by filing Writ Petition No. 4899 of 2015 in which notices are stated to have been issued and the matter is still pending with no stay order.

10. In the meantime, before any order of return of plaint could be passed, by providence, Section 15 of the Provincial Small Cause Courts Act, as applicable in the State of U.P., came to be amended by U.P. Civil Laws (Amendment) Act, 2015, with effect from 7th December, 2015. By the said amendment, the pecuniary jurisdiction of the Court of Small Causes was enhanced to Rs. 1,00