Md. Parvej Alam v. Deepak Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17244 of 2013 ====================================================== Md. Parvej Alam .... .... Petitioner/s

Versus

Deepak Kumar Singh .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-05-2017 Heard learned counsel Mr. Ranjan Kumar Dubey for the petitioner.

Perused the impugned order dated 16.04.2013 passed by Civil Judge (Junior Division-I), Madhepura in Title Suit No.42 of 2010 whereby the learned Civil Judge (Junior Division-I) rejected the application filed by the defendant-petitioner for rejection of the plaint on the ground of jurisdiction. It appears that the plaintiff-respondent filed the eviction suit giving valuation of the suit at Rs.27,000/-. The defendant filed written statement and then filed application as contained in Annexure-3 praying for rejection of the plaint on the ground that Civil Judge (Junior Division-I) has got no jurisdiction to try the suit as the valuation of the suit property is more than Rs.43,800/-.

Since the suit is eviction suit and that the Civil Judge

Patna High Court CWJC No.17244 of 2013 (3) dt.22-05-2017 (Junior Division-I) has got the jurisdiction to decide the suit valuation of which is upto Rs.1,50,000/-, I do not find any jurisdictional error in the impugned order passed by the trial court. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U