Invoking of Secunderabad 24 of CPC

VIJAY KANTHI (Querist) 10 November 2016 This query is : Resolved
Issue:- At in lower court( junior civil judge) filed suit for specific performance, value of the suit was Rs. 320000/- paid court fee.
At in agreement paid partial consideration as advanc Rs 220000/-
Now defendants took defence ground as pecuniary jurisdiction.
So we may ask for transfer of case from Junior civil judge court to Sr Civil judge.
Where should Application submit
Whether
District Court or
Sr Civil court or
Present Court.

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VIJAY KANTHI (Querist) 10 November 2016
Typographical mistake please read as Sr Civil court

Ms.Usha Kapoor (Expert) 10 November 2016
i AGREE WITH THE above.

Devajyoti Barman (Expert) 10 November 2016
Apply for return of plaint under order 7 rule 10 cpc in the same court whereby you can get back the plaint to file it again in the court having pecuniary jurisdiction.

Rajendra K Goyal (Expert) 10 November 2016
Proceed as advised by the expert Devajyoti Barman.

adv.bharat @ PUNE (Expert) 11 November 2016
Agreed with expert opinion.

VIJAY KANTHI (Querist) 11 November 2016
As above advice following and filed a "memo for return of plaint" and prayed in such memo due to oversight suit was numbered so return the file for presentation at proper court for fair trail.
Thank you all for valuable advice.
Here issue is, at in this stage does it is allowable ?

Ms.Usha Kapoor (Expert) 11 November 2016
Agreed WITH Mr.BARMAN.

adv.bharat @ PUNE (Expert) 11 November 2016
Nothing to be added.

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