Order 2 rules 2
prasannakumar .k
(Querist) 13 July 2013
This query is : Resolved
for the encouragement plaintiff filled case in junior civil judge court that court not has precarious jurisdiction on that base case was returned to plaintiff, after that filed in Sr division that court also returned for suite under valued its not have jurisdiction for trail it order to fail in Jr division whether its maintainable order 2 rules 2 not hit if it Barr of suit please help me with some of citations
niranjan
(Expert) 13 July 2013
So far pecuniary jurisdiction is concerned,order 2 rule 2 is not appliable. O.2.rule 2 is applicable for inclusion of all reliefs where cause of aucion is same. Court cannot return plaint for want of under-valuation,,but has to refer the matter to Inspector of Stamps for proper valuation of the suit property. However,you can file suit again after proper valuation of the property in the court of proper pecuniary jurisdiction.
Raj Kumar Makkad
(Expert) 13 July 2013
There is no application of Order 2 Rule 2 of CPC in the given case as the case has not been decided on merits rather both courts have returned it on the basis of pecuniary jurisdiction.
R.K Nanda
(Expert) 13 July 2013
nothing to add.
