2016 (10) TMI 1407

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....R HON'BLE PANKAJ MITHAL, J. 1. Heard Sri Arvind Srivastava, learned counsel for the defendant- revisionist and Sri K.K. Twiari, learned counsel for the plaintiff- respondent. 2. The defendant-revisionist has filed this revision under Section 25 of the Provincial Small Cause Courts Act, 1887 against the Judgment and order dated 12.8.2016 passed by the Additional District and Sessions J....

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.... another decided by me, vide Judgment and order dated 29.8.2016, I have held that with effect from 7.12.2015, in view of the U.P. Civil Laws (Amendment) Act, 2015, the jurisdiction to try all suits between the lessor and lessee for rent and eviction under Section 15 of the Provincial Small Cause Courts Act as applicable to the State of U.P. upto the valuation of Rs. 1 lakh, irrespective of th....

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....that in view of Section 21 (1) of the Code of Civil Procedure, objection as to the place of suing should be taken by the party concerned in the court of first instance at the earliest possible opportunity and that objection to this effect shall not be allowed by the appellate or revisional court. 8. In Kiran Singh Vs. Chaman Paswan, AIR 1954 Supreme Court, five judges Bench of the Supreme Court....

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....nt case, the change in territorial jurisdiction had come into force with effect from 7.12.2015 only and it cannot be said that the defendant-revisionist had delayed in taking objection to the lack of pecuniary jurisdiction of the court though there may not be anything to show that it was taken in the court below during the course of the arguments. 11. In view of the aforesaid facts and circumst....