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Renganatha Aiyangar (Minor) Through His Next Friend Krishna Aiyangar Vs. Sundararaja Aiyangar (Minor) and Two ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1930)58MLJ651
AppellantRenganatha Aiyangar (Minor) Through His Next Friend Krishna Aiyangar
RespondentSundararaja Aiyangar (Minor) and Two ors.
Cases ReferredKannuswami Pillai v. Jagathambai
Excerpt:
- .....pillai v. jagathambai : (1918)35mlj27 which in my opinion accords with the plain reading of the statute. if a court finds a suit beyond its jurisdiction it cannot do more than order it to be presented in the proper court.3. the district munsif in this case had no jurisdiction to reject the plaint and i cancel the order. he is directed to return the plaint. the petition is allowed with costs.
Judgment:

Jackson, J.

1. In this case the District Munsif of Devakotta found that the petitioner's suit on revaluation was beyond his jurisdiction. He ordered him to pay the deficient Court-fee within 15 days and when that was not done he rejected the plaint under Order 7, Rule 11 of the Code of Civil Procedure.

2. There is some divergence of opinion as to what is the proper course in these circumstances, but the only case in the authorised reports is Kannuswami Pillai v. Jagathambai : (1918)35MLJ27 which in my opinion accords with the plain reading of the statute. If a Court finds a suit beyond its jurisdiction it cannot do more than order it to be presented in the proper Court.

3. The District Munsif in this case had no jurisdiction to reject the plaint and I cancel the order. He is directed to return the plaint. The petition is allowed with costs.


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