Dulal Roy vs Krushnapada Mandal And Others

A.C. Behera, J

This civil revision under Section 115 of the C.P.C., 1908 has been filed by the petitioner(JDR in Execution Case No.03 of 2023 pending in the court of the learned Civil Judge, Junior Division, Kendrapara) against the Opposite Parties(DHRs in the suit vide Execution Case No.03 of 2023) challenging an order of rejection to their petition dated 18.09.2024 under Order-21, Rule-97 read with Section 47(1) and 151 of the C.P.C., 1908 passed on dated 26.07.2024 in Execution Case No.03 of 2023 by the learned Civil Judge, Junior Division, Kendrapara.

Heard from the learned counsel for the petitioner(JDR) and learned counsel for the Opposite Parties(DHRs).

During the course of hearing, the learned counsel for the Opposite Party Nos.1 to 5(DHRs in Execution Case No.03 of 2023) contented that, this revision (arising out of the Execution Case No.03 of 2023 from the judgment and decree passed in the suit vide C.S. No.708 of 2015) is valued at Rs.2,100/-, for which, this civil revision U/s.115 of the C.P.C. filed by the petitioner is not entertainable before this Court, i.e., before the High Court.

According to him(learned counsel for the Opposite Parties), the Execution Case No.03 of 2023(from which, this revision has arisen), is valued at Rs.2,100/-(rupees two thousand one hundred) and in view of the amendment to Section 115 of the C.P.C.(Orissa Amendment) made through Orissa Gazette Ext. No.1785 dated 02.11.2010(w.e.f. 11.11.2010) Notification No.11730, Legis. Dated 2nd November, 2010, when the value of the proceedings (from which this revision arises) is less than rupees five lakhs, then, the revision arising out of the impugned order is not entertainable before the High Court on the ground of pecuniary jurisdiction, because, according to the above Orissa Amendment of Section 115 of the C.P.C., 1908, any civil revision under Section 115 of the C.P.C. like this revision at hand arising out of any suit or proceeding exceeding five lakhs rupees is not maintainable before the High Court, as the revision under Section 115 of the C.P.C. before the High Court is maintainable.

The learned counsel for the Opposite Parties(DHRs) did not dispute to the aforesaid Orissa Amendment to the Section 115 of the C.P.C. w.e.f. 11.11.2010.

So, by taking the aforesaid submissions of the learned counsels of both the sides, the value of the Execution Case No.03 of 2023 (from which, the same had arisen) and the Orissa Amendment to Section 115 of the C.P.C., 1908 w.e.f. 11.11.2010 into account, it is held that, this revision filed by the petitioner(JDR) is not entertainable before this Court, i.e., before the High Court, on the ground of pecuniary jurisdiction, as the value of the suit, from which, Execution Case No.03 of 2023 had arisen is Rs.2, 100/-(rupees two thousand one hundred), which is much less than rupees five lakhs and the revision against the impugned order was entertainable before the jurisdictional revisional court, i.e., before the learned District Judge, Kendrapara instead of this Court.

When, it is held that, this revision under Section 115 of the C.P.C. filed by the petitioner(defendant) is not entertainable before this Court on the ground of valuation of the suit, from which, the Execution Case No.03 of 2023 had arisen, for the reasons assigned above and the same was entertainable before the learned District Judge, Kendrapara, then at this juncture, the ends of justice shall bestly be served, if this revision filed by the petitioner(JDR) will be disposed of finally without entering into the merits of this revision giving liberty to the petitioner(JDR) for filing of the same before the jurisdictional revisional court, i.e., before the court of learned District Judge, Kendrapara challenging the impugned order.

On the basis of the aforesaid observations, this revision filed by the petitioner(JDR) is disposed of finally giving liberty to the petitioner(JDR) to file revision challenging the impugned order before the jurisdictional revisional court, i.e., before the learned District Judge, Kendrapara in the District of Kendrapara annexing the certified copy of this judgment within a month of this judgment and in case of filing of revision by the petitioner(JDR), the learned District Judge, Kendrapara shall entertain the same without questioning about the limitation in view of the provisions of Section 14 of the Indian Limitation Act, 1963, as he (petitioner, JDR) had approached the wrong forum, i.e., this Court bonafidely and shall dispose of the same as per law on merit as expeditiously as possible after giving opportunity of being heard to the parties.

As such, this civil revision filed by the petitioner(JDR) is disposed of finally.

Certified copy of the impugned judgment be returned to the petitioner(JDR) substituting the same for filing of revision before the jurisdictional revisional court.

Parties are directed to keep the matter as it is in status quo for a period of one month hence, as the petitioner has been directed to file the revision before the learned District Judge, Kendrapara within a period of one month from the date of the judgment of this revision.