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2022 Supreme(All) 1327

J. J. MUNIR
Gandhi Ashram Khadi Bhandar – Appellant
Versus
Vijai Kumar Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Shailendra, Advocate
For the Respondent:Mr. Gulrez Khan, Advocate

JUDGMENT :

This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (for short, 'the Act of 1887'), is directed against an order of the Additional District Judge/Special Judge (SC/ST Act), Banda dated 17.11.2022 made in S.C.C. Suit No. 2 of 2008, rejecting the defendants' application, objecting to the Court's pecuniary jurisdiction.

2. Shorn of unnecessary details, the facts giving rise to this revision are that S.C.C. Suit No. 2 of 2008 was instituted by the plaintiff-respondents before the District Judge, Banda, sitting as the Judge, Small Cause Court. This was done, because at the time of institution of the suit, the pecuniary jurisdiction to try a small cause suit with the Judge, Small Cause Court, that is to say, the Civil Judge (Sr. Div.) in the State of Uttar Pradesh, was up to the valuation of Rs. 25,000/-. The suit here was valued at Rs. 57,060/-

3. The suit was, therefore, instituted before the District Judge and tried by the Additional District Judge/ Special Judge (SC/ST Act), Banda, who decreed it vide his judgment and decree dated 25.07.2016. A revision against the said decree was carried to this Court by the tenant-revisionist, being S.C.C. Revision

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