Civil judge junior division has jurisdiction to decide suit pertaining to judgment of C.J.S.D.
The applicant and the respondent wrongly assumed that because
the present Suit pertains to a judgment of C.J.S.D. It should not be tried by a a C.J.S.D. This impression is obviously incorrect in view of S.15 of CPC. The C.J.J.D. is competent to try this suit because the C.J.J.D. is not examining the correctness and validity of the
judgment and decree in the previous suit. The question between the parties is likely to be whether the defendants made false
representation to the plaintiffs in respect of the ownership of the land on which the suit structure is standing and from which the plaintiffs are sought to be evicted pursuant to the judgment and decree Sp.Civil Suit No.5/76. Such question can certainly be decided by the
C.J.J.D. The present suit could not have been valued on the basis of the license fee or the market value of the property but it should be as per S.6 (1) of Bombay Court Fees. So the suit should be tried by the Court of C.J.J.D.
Bombay High Court
C vs H on 18 July, 2013
Bench: Ravi K. Deshpande
1. Smt Rajivas Vasu Shetty
V/s.
1. Insanali Nasibdar
Citation;2013(5)ALL M R641
https://www.lawweb.in/2013/10/civil-judge-junior-division-has.html
