ash 1 44ao-648.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION APPEAL FROM ORDER NO. 648 OF 2010 Arun Keshav Joshi .. Appellant Vs Antenio B. D’Souza & 2 Others .. Respondents -- Shri S.M. Railkar for the Appellant. Shri N.R. Bubna for the Respondents. -- CORAM ; A.S. OKA, J DATED : 30TH MARCH, 2011 P.C. . Heard learned counsel appearing for the parties. Taken up for final disposal. 2. The Appellant is the original Plaintiff. He filed a suit in the Court of Civil Judge, Senior Division, Panvel for declaration and injunction. The suit was assigned to the Court of learned Joint Civil Judge (Junior Division) at Panvel. It appears that the plaint was amended and valuation of the suit was made at an amount more than Rs.23 lakhs. Following is the operative part of the impugned order:- “1. The plaint is returned to the plaintiff to present the same in the court of the Hon’ble Civil Judge, Sr. Division, Panvel, having jurisdiction to try this suit on 30th April, 2010. 2. The defendants are directed to appear in the court ash 2 44ao-648.10 of the Hon’ble Civil Judge, Sr. Dvn. Panvel, on that date.” 3. The suit was instituted in the Court of Civil Judge, Senior Division, Panvel. That Court has unlimited pecuniary jurisdiction. 4. Paragraph 233 of the Civil Manual reads thus:- “233. When a suit assigned for disposal by a Civil Judge of the Senior Division to his Joint Civil Judge of the Junior Division is found by the latter to be beyond his pecuniary jurisdiction, he should request his District Judge to transfer the suit administratively to the Civil Judge of the Senior Division, and not return the plaint to the Plaintiff for being judicially presented to the proper Court or return it to the Civil Judge of the Senior Division.” (Underline supplied) 5. In view of Paragraph 233 of the Civil Manual and in view of the fact that the suit was filed in the Court having jurisdiction, there was no occasion for the learned Trial Judge to return the plaint. In fact, procedure under Paragraph 233 of the Civil Manual ought to have been followed. 6. Hence, I pass the following order. ORDER : (a) The impugned order dated 20th April, 2010 is quashed and set aside and the learned Joint Civil Judge, Junior Division, Panvel will follow the procedure prescribed under Paragraph 233 of the Civil Manual and will return the plaint to the Court of the learned Civil Judge (Senior ash 3 44ao-648.10 Division) Panvel before whom the suit was instituted. (b) The learned Civil Judge, (Senior Division) Panvel, will deal with the suit in accordance with law. (c) The Appeal is allowed on above terms with no orders as to costs. (d) Civil Application No.827 of 2010 does not survive and the same is disposed of. ( A.S. OKA, J )