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VIJAYAN NAMBIDI versus SARADA MANDAN, D/O. LATE RAMAN NAMBIDI

High Court of Kerala

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VIJAYAN NAMBIDI v. SARADA MANDAN, D/O. LATE RAMAN NAMBIDI - CRP No. 1120 of 2005 [2007] RD-KL 11323 (26 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1120 of 2005()

1. VIJAYAN NAMBIDI,
... Petitioner

Vs

1. SARADA MANDAN, D/O. LATE RAMAN NAMBIDI,
... Respondent

For Petitioner :SRI.GRASHIOUS KURIAKOSE

For Respondent :SRI.MANJERI SUNDERRAJ

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :26/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... C.R.P.No.1120 OF 2005 ...........................................................

DATED THIS THE 26TH JUNE, 2007

ORDER

Having regard to the submissions addressed at the Bar, I do not find any warrant for setting aside the impugned order. But it is submitted that the contention of the petitioner, as stated in para.3(c) of the Civil Revision Petition, i.e., the suit had been grossly undervalued with the objective of maintaining the suit in the Munsiff's Court and that on the averments in the plaint itself it will have to be seen that the court below did not have pecuniary jurisdiction to entertain the suit, was not considered. I find some force in the above submission. Even as I confirm the impugned order, I direct the court below to hear the parties on the issue of propriety of the valuation of the suit and the jurisdiction of the court to try the suit on reasons of pecuniary valuation and take a decision on those aspects at the earliest. The C.R.P. is disposed of as above. No costs.

(PIUS C.KURIAKOSE, JUDGE)

tgl WP(C)N0. WP(C)N0.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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