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Jadaun Rai Vs. Gulzari Lal - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All799
AppellantJadaun Rai
RespondentGulzari Lal
Excerpt:
suit to establish right to attached property--jurisdiction. - .....returned to the plaintiff in order that he may, if so advised, present it in the proper court. each party will bear their own costs in all.....
Judgment:

Oldfield, J.

1.We are constrained to allow an objection taken by appellant that the Subordinate Judge had no jurisdiction to try this suit. The claim is to have declared the plaintiff's right to some grain stored in pits, by setting aside an order of the Munsif for bringing the grain to sale in execution of a decree held by defendant against a third party, his judgment-debtor. A course of decisions of this Court has held that the value of the subject-matter in dispute for determining jurisdiction will be in such cases the amount of the decree in satisfaction of which it is sought to bring the property to sale.--S.A. No. 320 of 1876, decided the 16th May 1876 (unreported). We decree the appeal and set aside the proceedings in the lower Courts, and direct that the plaint be, returned to the plaintiff in order that he may, if so advised, present it in the proper Court. Each party will bear their own costs in all Courts.


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