In Brief
A landlord filed an eviction suit in the Small Cause Court valued at Rs. 27,775. The suit was transferred to the Additional District Judge because it exceeded the initial jurisdiction limit. In December 2015, legislation raised the Small Cause Court jurisdiction to Rs. 1 lakh, making the suit cognizable by the Civil Judge instead. The Additional District Judge nevertheless decided the suit in October 2016. The tenant sought revision in the High Court, arguing the Additional District Judge had lost jurisdiction. The Supreme Court held that while the statutory amendment did remove jurisdiction from the Additional District Judge, the tenant was barred by Section 21 of the Civil Procedure Code from raising this objection on appeal/revision because he had not raised it in the trial court. The Court set aside the High Court judgment and upheld the Additional District Judge's decree.
The lawyer headnote and full judgment text are available to registered users.