IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1382 of 2006 SHAJI VERGHESE @ SAHJI VERGISH Versus PURNEA CATHOLIC SOCIETY ----------- 4. 1.9.2008 Heard counsel for the petitioner and the counsel for the opposite party. The impugned order dated 24.5.2006 transferring the suit from the court of Munsif to the court of Sub Judge only on the ground of pecuniary jurisdiction in the opinion of this Court suffers from an apparent error of record, inasmuch as from the counter claim filed by the petitioner it is clear that it was confined to Rs. 24,000/- only which was well within the pecuniary jurisdiction of the Munsif. That being so, the finding recorded in the impugned order that the counter claim appeared to be of Rs. 1,30,305/- was obviously an error of record. Mr. Rajiv Rai, learned counsel appearing on behalf of the opposite party, fairly accepts this fact that the counter claim was in fact for Rs. 24,000/- only and that whatever accounting was shown in the written statement of Rs. 1,30,305/- was not the actual amount of counter claim. In that 2 view of the matter, the only ground for transfer of the case from the court of Munsif to the court of Sub Judge as directed by the District Judge disappears. That being so, the impugned order is hereby set aside and the case is directed to be now placed before the concerned Munsif who considering the fact that the matter relating to eviction has remained pending for a petty long time would ensure that the suit is disposed of within a period of 9 months from the date of receipt/ production of a copy of this order. This application is allowed in the aforementioned terms. ( Mihir Kumar Jha,J.) Surendra/