VidhiSangh

Supreme Court of India · 12/10/2018

OM PRAKASH AGARWAL SINCE DECEASED THR. LRS. & ORS. versus VISHAN DAYAL RAJPOOT & ANR.

[2018] 13 S.C.R. 47 · 2018 INSC 970

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside the High Court’s interference with an eviction decree on pecuniary-jurisdiction grounds. The 2015 Uttar Pradesh amendment did require qualifying pending small-causes suits to move to the Civil Judge’s court. Nevertheless, the tenant had not objected before the Additional District Judge and showed no consequent failure of justice. Section 21(2) CPC therefore barred raising that objection in revision. The appeals were allowed, with parties bearing their own costs.

Issues

  1. Whether the increased pecuniary limit governed pending small-causes suits.
  2. Whether an unraised pecuniary-jurisdiction objection justified reversal in revision without failure of justice.

Provisions considered

Held

Result

Appeals allowed; High Court judgment dated 7 December 2016 set aside. Section 21(2) CPC barred interference on the unraised pecuniary-jurisdiction objection without consequent failure of justice. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 47.