Order No. 11

Date: 25.09.2013

           Ld. Lawyers of both the parties are present.  Argument is heard from both the Ld. Lawyers and at the time of hearing, the argument and consulting the complaint and also the written version, it is found that the address of the op and the complainant are not within the jurisdiction of this Forum and at the same time property in dispute is also situated outside the jurisdiction of this Forum.  Further it is found that agreement was executed within the P.S. jurisdiction of Behala and parties’ residents are also within the jurisdiction of Kolkata – 700026.  At the same time it is found that valuation of the property is more than Rs.20 lakhs.  But most interesting factor is that someone very skilled person invariably on behalf of the complainant by a pen noted in the complaint the word P.S. – Bowbazar only for the purpose of creating jurisdiction of this Forum.  But anyhow at the time of filing of the complaint with the very word P.S. Bowbazar was not there.  But it is subsequent invention of such skilled person.  No doubt he is not the complainant, but the person was engaged for filing the same and no doubt it was done either by the Advocate’s clerk of Ld. Lawyer or any skilled hand who are here and there for creating jurisdiction.  Whatever it may be, it is settled principle of law that even at the time of execution also, the Forum must be satisfied that the Forum has jurisdiction to execute the order or to decide the dispute.  But in this case we have minutely considered the entire complaint, valuation of the property and also the cause of action as arose and all are outside the jurisdiction of the Forum and for which we have no jurisdiction to decide the present complaint when parties resides or their transaction place is outside the jurisdiction of this Forum.  Practically this complaint is barred as per provision of Section-11 of C.P. Act 1986 and also pecuniary jurisdiction of the present Forum exceeds in view of the fact, the valuation of the property as per Agreement is on Rs. 20,60,000/- as admitted by the complainant in the complaint.

          In the light of the above observation and findings we are inclinined to hold that the cause of action of this case did not arise within the jurisdiction of this Forum.  At the same time this Forum has no pecuniary jurisdiction to decide the present dispute and further as per Section-11 of the C.P. Act 1986, the complainant is not tenable before this Forum and on the ground the jurisdiction this Forum has no jurisdiction to decide it and for which same is not maintainable before this Forum.  But invariably complainant has his right to file this complaint to proper jurisdiction after taking back all documents or complainant may pray for sending the record to the said jurisdiction if he so desires.

          Hence, it is

                                                   ORDERED

          That the present complaint is not tenable before this Forum.  In view of the fact, this complaint is barred by Section-11 of C.P. Act 1986 and this Forum has no jurisdiction to decide it and also on the ground the valuation of the property exceeds the pecuniary jurisdiction of this Forum.

          In the above situation, complainant may take back the all papers, documents from this record and may file it before proper jurisdiction and invariably when it shall be filed before proper jurisdiction, complainant shall get protection of limitation as per provision of Section-14 of the Limitation Act and in the premises complainant is directed to take back all the papers for filing the same before the proper jurisdiction.