Kaliba Sahil and Others vs Balgia Nachial

The other Kasi Pangu holders have not the same interest as the original plaintiff and should not have been made plaintiff u/s 30, Civil Procedure

Code. The proper cause would have been to make them defendants, We set aside the order u/s 30, Civil Procedure Code. We also think that the

District Munsif had no jurisdiction to entertain the suit. The original plaintiff seeks to recover Rs. 1,232-15-10, and also prays that the defendant

may be ordered to pay the loss sustained by her owing to their improper action. The loss as stated in paragraph"" 17 of the plaint to be Rs. 16,000,

and the original plaintiff offered to pay additional Court-fee, if necessary. The original plaintiff, therefore, sought to establish her right to more than

Rs. 2,500 and the District Munsif had no jurisdiction to entertain the suit. We, therefore, set aside the decrees of the Courts below and return the

plant for presentation to the proper Court. Costs hitherto incurred will abide the result.