ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

This miscellaneous second appeal is arising from the judgment and order of remand dated 25.04.2019 in R.A.No.87/2015 on the file of IV Additional District Judge, Vijayapur.

2. In terms of the impugned judgment, the appeal is allowed and the matter is remitted to the Trial Court with a direction to return the paint to enable the plaintiff to present the same before the jurisdictional Court. The First Appellate Court has noticed that the Trial Court, which had decided the suit had no pecuniary jurisdiction to decide the suit. Aggrieved by the said order of remand, the plaintiff/respondent No.1 before the First Appellate Court is before this court.

3. Brief facts necessary for the adjudication of the case can be summarized as under: 0.S.No.257/2006 was filed before the Civil Judge (Jr.Dn.), Indi. The valuation shown was_ Rs.40,000/-.

Considering the heavy pendency of cases before the Civil Judge (Jr.Dn.), Indi, the jurisdictional District Judge in exercise of power under Section 24 of the Code of Civil Procedure, transferred the aforementioned suit to the Senior Civil Judge, Indi.

The defendants parti