Legal Question in Civil Rights Law in India

maintainability of order with respect to jurisdiction of court

Condition: presidency small causes court recorded evidence of both the parties and closed it. Trial court of small causes court pronounced the judgment. Aggrieved party preferred appeal. Appellate bench of small causes court pronounced the judgment. As per orders of appellate bench plaint was returned to plaintiff to present it to the court of proper jurisdiction. Plaintiff filed the case in city civil court (i.e. as per orders of appeal bench of small causes court). Again fresh recording of evidence was started in city civil court. Now as per the recent judgment, presidency small causes court got jurisdiction to entertain the case of gratuitous licensee. In recent future case will again get transferred to presidency small causes court.

I say that order of city civil court to record fresh evidence is impugned order.

Question: What will happen to orders of city civil court, to record fresh evidence be, after the plaint is returned to the plaintiff to present it to small causes court.


Asked on 9/01/07, 8:28 am

2 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: maintainability of order with respect to jurisdiction of court

its better you file it now in the court which now has jurisdiction but the proceedings will start afresh

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Answered on 9/01/07, 10:23 am

Re: maintainability of order with respect to jurisdiction of court

As such there is no value of earlier evidence as the matter will start afresh but yes,earlier evidence can be used by either party for contradiction purpose.In case of need contact with details.

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Answered on 9/01/07, 2:08 pm


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