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Sushil Kumar Bhatia (Advocate)     05 January 2009

Jurisdiction

 The valuation of any suit can be enhanced by adding exaggarated demand of damages and mesne profit ,which is much higher than actual monthly rent , in rent and ejectment suit ,suit property governed by U.P.Rent Control act which define pendentlite damage equavelent to monthly rent b,cos of enhanced valuation jurisdiction of court changed from main JSCC court which has jurisdiction to hear case upto the valuation of 25000/- to District judge court which has jurisdiction to hear case above 25000/valuation because of this defendant can miss the apportunity to file revision in future before D.J Whether plea of proper jurisdiction of lowest valuation court U/s 15 CPC can be raised and suceeded


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PALNITKAR V.V. (Lawyer)     07 January 2009

In general the averments made in the plaint and the valuation made therein govern the question of jurisdiction. The defendant can raise objections about valuation. The court will decide whether the valuation is correct or otherwise and will pass orders accordingly.


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