For transfer petition
vinodkumar
(Querist) 20 February 2012
This query is : Resolved
I am practicing in civil side mater, in on civil suit which i filed
in the additionl civil judge&jmfc court, i am for the plaintiff, the
defandent take dispute of pecunary jurisdicton, after that i file a
transfer petition u/s cpc 24[5],in principal district court. during
this, the civil court jmfc in which court my civil suit is pending now
prometed as a senior divison court,so now the same court is empower to
trial my civil suit, now the court has a no barred for pecunary
jurisdiction. in this position what i do? i withdraw my transfer
petition or other procedure what is your opnion for this particular
situation?
Khaleel Ahmed
(Expert) 20 February 2012
You are advised hereby to withdraw the transfer petition filing a memo about the reason of withdraw.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 February 2012
The judge may have been promoted but old files will not remain with him. He will go to higher court with different cases.
venkatesh Rao
(Expert) 20 February 2012
I put your query like this:
1. Suit was filed before the court of civil judge (Junior division)
2.The suit is objected by respondent on pecuniary jurisdiction.
3. You have filed a petition in the district for transfer of the suit to Civil Judge (senior Division) court.
4. Meanwhile the court of the civil judge (Junior division)is upgraded as court of civil judge (senior division)
The thing is:
1. If the issue of pecuniary jurisdiction is raised, and if it is shown to have exceeded the pecuniary limit, thaen the court of civil judge (Junior division) shall order to return the plaint for presentation before proper court having jurisdiction to try.
2. Though 24(5) empowers transfer, normally you can file an application before civil judge (Junior division)to return the plaint for presentation before proper court. It avoids multiplicity of proceedings.
3. Though the court of civil judge (Junior division)is upgraded, in reality, it is establishment of new court and the cases pending would be transferred to the court of civil judge (Junior division) as it is no more the court of civil judge (Junior division)
4. Sometimes, high court raises the pecuniary jurisdiction of the civil courts. If in such contingency the pecuniary jurisdiction of the court of civil judge (Junior division) is raised and thus it covers the pecuniary limit of your suit, then definitely, your suit survives in that court only.
