Ajit Kar v. Ram Pratap & ANR

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.494/2015.

AJIT KAR ..... Appellant Through:

Appellant in person.

Versus

RAM PRATAP & ANR ..... Respondents Through:

Respondents no.1&2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 04.04.2016 1.

The appeal impugns the judgment and decree dated 26th March, 2015 of the Court of Civil Judge, South West District, Dwarka Court, New Delhi of dismissal of a Civil Suit No.721/2011 bearing Unique ID No.02405C0284252011 filed by the appellant for recovery of Rs.1,00,000/- from the respondents. 2.

The appeal came up before this Court first on 29th July, 2015 when notice thereof was issued.

3.

The two respondents (being Sub Inspector and Constable in Delhi Police) appear in person and state that advocate on their behalf has not been appointed as yet. 4.

The filing of the appeal by the appellant appearing in person and entertaining thereof by this Court is misconceived. 5.

The Court of minimum pecuniary jurisdiction within the meaning of Section 15 of the Code of Civil Procedure, 1908 to entertain the appeal was the Court of District Judge, Delhi.

6.

Accordingly, the memorandum of appeal filed in this Court along with the court fees be returned to the appellant in accordance with law for re-filing in the Court of appropriate jurisdiction.

7.

The appeal is disposed of.

No costs.

RAJIV SAHAI ENDLAW, J APRIL 04, 2016/„gsr‟..