Ram Subhag Singh and Others vs Babu Kirt Prasad Singh and Others

Wort, J.—I think this Rule must be made absolute, as the learned Judge in the Court below seems to have determined the point on the ground that the defendants had waived the question of jurisdiction. If the Court has not got jurisdiction, agreement between the parties does not give the Judge jurisdiction. The learned Judge in the circumstances must hear and determine the question of valuation. In the event of the defendants succeeding in the Court below, they must pay all the costs incurred by the plaintiffs by reason of the case being allowed to go on for over a year. In the event of the decision of the learned Judge against the defendants the costs of the actual hearing will have to be paid and it will be in the discretion of the Judge in the Court below to assess those costs.

The Rule is made absolute. The learned Judge in the Court below will hear and determine the question of jurisdiction. In the circumstances of the case I do not think that the petitioners are entitled to any costs.