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 t