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Supreme Court of India 2018-10-12 allowed

Om Prakash Agarwal Since Deceased Thr. Lrs. & Ors vs Vishan Dayal Rajpoot & Anr

Bench: 2 — Ashok Bhushan

In Brief

A landlord sought eviction of a tenant from rented premises in a small causes suit initially valued at Rs. 21,175 but later amended to Rs. 27,775. The suit was transferred to the Additional District Judge. After the Uttar Pradesh Civil Laws (Amendment) Act, 2015 (effective 7 December 2015) raised the Small Causes Court's pecuniary jurisdiction from Rs. 25,000 to Rs. 1 lakh, the High Court revoked the Additional District Judge's order, finding it lacked jurisdiction over the suit. The Supreme Court held that although the amendment operated on pending suits and the Additional District Judge indeed lost jurisdiction, the tenant's failure to object to jurisdiction at trial prevented the High Court from interfering under Section 21 of the Code of Civil Procedure. The appeal was allowed and the High Court's judgment set aside.

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Civil Procedure Jurisdiction Small Causes Courts Pecuniary Jurisdiction Statutory Interpretation

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