Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 749 of 2021 Petitioner :- Pramesh Kumar And Another Respondent :- Radha Krishna Ji Virajman Mandir And Another Counsel for Petitioner :- Vindhya Vashini Prasad Rai
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners.
By means of this petition under Article 227 of the Constitution, the order dated 22.10.2020 passed by the Civil Judge (Senior Division), Fatehpur has been assailed.
It is submitted by learned counsel for the petitioners that the tuning to the calculation of the suit which is Rs. 1000/- which is objected by Civil Judge (Junior Division) and not Civil Judge (Senior Division). It is further submitted that the court below manifestly erred in rejecting the application by the order impugned.
Having heard learned counsel for the petitioners and having perused the order, I find that the Civil Judge (Senior Division) was assigned the case by order of the District Judge. The court below has quoted a judgment in which Section 15 of the Civil Procedure Code has been referred with the observation that it is enacted for the purposes of avoiding over crowding of matters in the Court of higher grade.
Besides above I do not find any justification in the argument of the learned counsel for the petitioners that the suit of lesser valuation if heard by Civil Judge (Senior Division) an irreparable loss and injury is going to be caused to them. Suit proceedings are to be governed by the Civil Procedure Code and merely on the basis of it being assigned to the higher Court in the matter of lesser valuation I see no prejudice is going to be caused to the petitioners.
In such above view of the matter, I do not find any justification to interfere with the order passed by the court below and accordingly, the present petition is consigned to records with no order as to costs.
Order Date :- 12.8.2021 Deepika