place of suing

barun deka (Querist) 11 December 2009 This query is : Resolved
a title suit is pending before civil judge sr division but in the argument stage it has come to the notice that after the enhancement of the pecuniary jurisdiction of the munsiff courts, the matter should fall under the jurisdiction of the latter. so now can the matter be remanded to the munsiff?

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Arvind Singh Chauhan (Expert) 11 December 2009
why not.

Raj Kumar Makkad (Expert) 11 December 2009
The matter of pecuniary jurisdiction is always open and it is the duty of the court to see whether it has power to listen that case or not and if not then to remand it to the appropriate court.

N.K.Assumi (Expert) 11 December 2009
Agreed with the members.

barun deka (Querist) 14 December 2009
is there a rule which says a court of higher pecuniary jurisdiction can try a suit which is meant to be tried in a court of lower pecuniary jurisdiction but was inadvertently filed in the higher court to avoid delay? can the question of pecuniary jurisdiction be overlooked at such a later stage like an argument stage?

barun deka (Querist) 14 December 2009
i am looking for decisions contrary to the suggestion above

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