Civil Judge (Senior Division) Has Unlimited Pecuniary Jurisdiction, Can Decide Suits Valued Below ₹5 Lakh: Jharkhand High Court
Live LawThe Jharkhand High Court has clarified that the Civil Judge has unlimited pecuniary jurisdiction and can adjudicate suits valued below or upto Rs. Addressing the petitioners' contention, Justice Chand remarked, emphasized, “The court of Civil Judge who is having the unlimited pecuniary jurisdiction, even if, decides the suit of value which is up to Rs.5 lacs or below the 5 lacs, the same cannot be accepted as an illegality. The court of Civil Judge was empowered even the very suit which is of lesser value, since, on behalf of the petitioners/defendants, this plea was never raised in the application under Order VII Rule 11 of the CPC that the court of Civil Judge has exceeded the pecuniary jurisdiction.” The Court clarified that questions concerning undervaluation of the suit could only be resolved by framing an issue during the trial. Justice Chand further stated, “The very issue which was raised in the application under Order VII Rule 11 of the CPC whether the suit was barred by the provision of Order VII Rule 11 of the CPC could have been decided only by framing the issue by the learned trial court whether the suit is undervalued or not and if after disposal of value of the suit, the court comes to the conclusion that the suit has been undervalued and the valuation of the suit is much above which was fixed by the plaintiffs themselves and for the same the court could have directed to amend the plaint and also to deposit the deficient court fee and if the same was not so then the provision of Order VII Rule 11 would have hit.” The ruling came in a civil miscellaneous petition moved by the petitioner/defendants seeking to quash the trial court's order, which rejected an application filed under Order VII Rule 11 CPC by the defendants.
History of this topic
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