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Only court designated by statute for the particular cause can take cognisance of the matter

In OM PRAKASH AGARWAL vs VISHAN DAYAL RAJPOOT, the  Landlord/Appellant filed an eviction suit before Civil Judge (Senior Division), Small Cause Court, in 2008. As the valuation was beyond Rs. 25, 000, the District Judge transferred the suit to Additional District Judge (ADJ). While the suit was pending, the pecuniary jurisdiction of Civil Judge (Senior Division), Small Cause Court was raised to Rs. 1 lakh vide Uttar Pradesh Civil Laws (Amendment) Act, 2015. But the ADJ proceeded to decide the suit and finally decreed it in 2016. The tenant moved the high court by filing revision petition which was allowed. The matter was remanded back the revision for a fresh decision by Small Causes Court presided over by a Civil Judge (Senior Division). Landlord challenged this judgment before the apex court.

On the question, whether the court of Additional District Judge where the suit in question was pending could still have pecuniary jurisdiction to decide the suit or suit ought to have been transferred back to the court of Civil Judge, Senior Division, the Supreme Court decided that as per Section 15 of the CPC, even though more than one court has jurisdiction to try the suit, it should be instituted in the Court of lowest grade. But as no objection was raised on the jurisdiction issue at earliest opportunity, even when the court of Additional District Judge was not competent to decide the Small Causes Suit in question on the ground that the pecuniary jurisdiction is vested in Court of Small Causes i.e. Civil Judge, Senior Division, no interference was called in the judgment of Additional District Judge in the exercise of Revisional Jurisdiction by High Court in view of the provisions of Section 21 of Civil Procedure Code.


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