Cpc partition suit

Querist : Anonymous (Querist) 19 September 2011 This query is : Resolved
i file a partition suit, the court ragistrar put the suit in the ADDITIONAL SENIOR CIVIL JUDGE'S COURT. the total property is 35lakh, my part is 7 lakh. the defendent now, give application in court for dismiss the suit, for jurisdiction reason. he says that only principal senior civil judge has power for this suit value. what i do any supreme court authority to regarding that, ADDITIONAL SENIOR CIVIL JUDGE has a power for this type suit?

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Devajyoti Barman (Expert) 19 September 2011
The suit value of the partition suit does not depend upon the value of the suit property but the value of the suit declared by the party.
If the suit value (not suit property) is well within the reach of the trial court then nothing to worry.

In West Bengal the Munsif court has jurisdiction to try suit value upto Rs 60,000/- irrespective of the value of the suit property.

prabhakar singh (Expert) 19 September 2011
Suits are always filled firstly in PRINCIPAL
COURT only therefrom they are sent to additional courts,if the additional court lacks pecuniary jurisdiction it shall be sent back by it to principal court,there is no question of its dismissal by the court.

niranjan (Expert) 19 September 2011
It cannot be dismissed but it has to be returned for presentation to the proper court.

Sailesh Kumar Shah (Expert) 20 September 2011
your case will be transfer to proper court. there is no chance of dismissal of case.

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