Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 12324 of 2022

Petitioner :- Brijrani

Respondent :- Kamta Prasad And 2 Others

Counsel for Petitioner :- Uttar Kumar Goswami

Hon'ble Ajit Kumar,J.

Heard Sri Uttar Kumar Goswami, learned counsel for the

petitioner.

Petitioner before this Court is a judgment debtor in a suit for

specific performance of contract passed on 02.03.2014, for re-

conveyance of a property, a subject matter of sale deed. It is

after the decree was put to execution that the petitioner in the

capacity of judgment debtor came to file an objection under

Section 47 of the Code of Civil Procedure, 1908 and that

objection came to be rejected on merit. It is thereafter, the

petitioner preferred another objection regarding pecuniary

jurisdiction of the trial court decreeing the suit on the ground

that the concerned trial court that had decreed the suit, had no

jurisdiction to hear the suit as the valuation of suit was Rs.

74,500/-. The court rejected the said application also vide order

impugned against which the revision has also been dismissed.

Learned counsel for the petitioner has argued that such an

objection could have taken at any point of time as it went to the

root of the matter as far as the jurisdiction aspect of the decree

is concerned. However, upon a query being made as to whether

such an objection was either taken under Section 47 of the

C.P.C. or not, learned counsel for the petitioner could not

explain as to whether such an objection was ever taken.

Learned counsel for the petitioner could also not dispute that

Section 47 of C.P.C. objection had already been dismissed and

that was never subject matter of further challenge. Still further

on a pointed query being made as to what pecuniary jurisdiction

the court had at the time of passing of the decree, learned

counsel for the petitioner could not explain that too.

In such above view of the matter, once the judgment debtor had

already filed an objection under Section 47 C.P.C., in my

considered view, he could not have raised further issue of

jurisdiction by filing misc. application. I therefore, do not find

any manifest error in the order passed by the trial court

confirmed in revision.

Petition lacks merit and is accordingly dismissed. Consigned to

records.

Order Date :- 17.1.2023/IrfanUddin

Digitally signed by :-

IRFAN UDDIN SIDDIKI

High Court of Judicature at Allahabad