IN THE HIGH COURT OF ORISSA AT CUTTACK

CRP No.30 of 2025

(In the matter of an application under Section 115 of the Code of

Civil Procedure)

Charan Pahan and others …. Petitioners

-versus-

Sudarsan Barik and others …. Opposite Parties

Appeared in this case:-

For Petitioners : Mr. L. Samantaray, Advocate

For Opposite Parties : Mr. A.P. Bose, Advocate

CORAM:

JUSTICE A.C. BEHERA

JUDGMENT

Date of hearing : 31.10.2025 / date of judgment : 31.10.2025

A.C. Behera, J. This civil revision under Section 115 of the C.P.C., 1908 has been

filed by the petitioners(defendants in the suit vide C.S. No.43 of 2024 pending in the court of the learned Civil Judge, Sr. Division, Khallikote, Ganjam) against the Opposite Parties(plaintiffs in the suit vide C.S. No.43 of 2024) challenging an order of rejection to their petition dated 20.09.2024 under Order-7, Rule-11 of the C.P.C., 1908 passed on dated 03.07.2025 in C.S. No.43 of 2024 by the learned Civil Judge, Senior

Division, Khallikote.

2. Heard from the learned counsel for the petitioners(defendants) and learned counsel for the Opposite Parties(plaintiffs).

3. During the course of hearing, the learned counsel for the Opposite Party Nos.1 to 7(Plaintiffs in the suit vide C.S. No.43 of 2024) contented that, this revision (arising out of the suit vide C.S. No.43 of 2024 value at Rs.55,000/-) filed by the petitioners(defendants) is not entertainable before this Court, i.e., before the High Court.

4. According to him(learned counsel for the Opposite Parties), the suit vide C.S. No.43 of 2024, from which, this revision has arisen, is valued at Rs.55,000/-(rupees fifty-five thousand) and in view of the amendment to Section 115 of the C.P.C.(Orissa Amendment) made through Orissa Gazette Ext. No.1785 dated 02.11.2010(w.e.f. 11.11.2010) Notification No.11730, Legis. Dated 2^nd November, 2010, when the value of the suit vide C.S. No.43 of 2024(from which this revision has arisen) is less than rupees five lakhs, then, this revision arising out of the impugned order passed in that suit is not entertainable before the High Court on the ground of pecuniary jurisdiction, because, according to the above Orissa Amendment to Section 115 of the C.P.C., 1908, any civil revision under Section 115 of the C.P.C. like this revision at hand arising out of any suit having its value not exceeding five lakhs rupees is not maintainable before the High Court, because, the revision under Section 115 of the C.P.C. before the High Court is maintainable arising out of an original suit or other proceedings, only where, the value of such suit or other proceedings exceeds five lakhs rupees.

The learned counsel for the petitioners(defendants) did not dispute to the aforesaid Orissa Amendment to the Section 115 of the C.P.C.

w.e.f. 11.11.2010.

5. So, by taking the aforesaid submissions of the leaned counsels of both the sides, the value of the suit vide C.S. No.43 of 2024(from which, this revision has arisen) and the Orissa Amendment to Section 115 of the C.P.C., 1908 w.e.f. 02.11.2010 into account, it is held that, this revision filed by the petitioners(defendants) is not entertainable before this Court, i.e., before the High Court, on the ground of pecuniary jurisdiction, as the value of the suit vide C.S. No.43 of 2024 is Rs.55,000/-(rupees fifty-five thousand), which is much less than rupees five lakhs and the revision against the impugned order was entertainable before the jurisdictional revisional court, i.e., before the learned Additional District Judge, Khallikote instead of this Court.

6. When, it is held that, this revision under Section 115 of the C.P.C. filed by the petitioners(defendants) is not entertainable before this Court on the ground of valuation of the suit vide C.S. No.43 of 2024 for the reasons assigned above and the same was entertainable before the learned Additional District Judge, Khallikote, then at this juncture, the ends of justice shall bestly be served, if this revision filed by the petitioners(defendants) will be disposed o