Himachal Pradesh Court April 1955 Judgments

Bhola Shah Narsingh Das Jaini Vs. Mohan Lal and Co. and anr.

Court: Himachal Pradesh

Reported in: AIR1955HP50

Ramabhadran, J.C. 1. When this appeal was admitted on 22nd instant, I had pointed out that it was doubtful whether the Senior Subordinate Judge, Mandi, had jurisdiction to try the suit and give a finding on the point of limitation, since the relief asked for by the plaintiff firm could not be given without giving a finding as to whether there was a valid subsisting mortgage debt of Rs. 21,956-9-0 in favour of the plaintiffs due from the defendant-respondent No. 2. The Senior Subordinate Judge, Mandi, exercises pecuniary jurisdiction in respect or suits upto Rs. 10,000/- only. 2. This morning, learned counsel for the appellants conceded that the Senior Subordinate Judge had no jurisdiction to try the suit and in support of his argument cited--'Narna Balayya v. Rudravarma Venkatappa', 15 Ind Cas 221 (Mad) (A). There, the facts were that defendant No. 2 had a mortgage of certain properties from defendant No. 1. He instituted a suit on the basis of his mortgage and obtained a decree for sa...