9911796707
TMI Blog2001 (6) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... se purportedly under Section 90 of the CPC seeking for the opinion of the Court relating to the matter involved in the plaint. The plaintiff arrayed as many as 13 person including the present petitioner as defendant in the said suit contending, inter alia, that on 29.2.1994 a lawful bona fide contract was entered into between the plaintiff and defendant, for setting the case for the opinion of the Court and the contract was made in writing and along with the plaint the contract had also been submitted and the suit was valued at ₹ 10 for the purpose of jurisdiction and Court fees. The present petitioner being a plaintiff filed another petition under Section 90 of the CPC having arrayed the State of Tripura, Executive Engineer, PWD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urvey Commissioner and on receipt of the report, heard the arguments of the parties and delivered the impugned judgment on 30.5.1994. The learned Trial Court accepted the Commissioner's report and decreed the suit and against the impugned judgment and decree, the present petitioner preferred this Civil Revision under Section 115 of the CPC. 3. The learned senior counsel, Mr. A. Chakraborty appearing for the respondent-Notified Area Authority, Kailashahar raised a preliminary objection as to the maintainability of the Civil revision. According to him, since the learned Trial Court finally decreed the suit, the remedy available to the petitioner was to prefer regular appeal under Section 96 read with Order XLI of the CPC. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authority, Kailashahar on which the learned Trial Court took cognizance and registered the case, but the agreements in writing signed by the parties are very much available with the Lower Court Record. In the Lower Court Record as many as 13 written agreements are available executed by 13 individuals separately and each agreements contain the land of different descriptions with different quantums belonging to the 13 individual persons and as such it cannot be held that there was one written agreement seeking reference of the dispute for the opinion of the Court as contemplated under Section 90 of the CPC. Every agreement should have been treated as individual case seeking reference and the learned Trial Court should have registered individu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6) Prescribed means prescribed by rules. Order XXXVI rules 2 sand 3: 2. Where value of subject matter must be stated. - Where the agreement is for the delivery of any property, or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement. 3. Agreement to be filed and registered as suit. - (1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed (with an application) in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject matter of which is the same as the amount of value of the subject matter of the agreeme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and as such the learned Trial Court having no jurisdiction entertained in the suit and decided the matter by the impugned Judgment and decree and thus the same is liable to be quashed. 7. In view of rule 2 of Order XXXVI of the CPC stipulates the agreement so far it relates to delivery of immovable property must contain the estimated value of the said property and rule 3 prescribes that the Court can assume jurisdiction only if the agreement is framed in accordance with the rules 1 and 2 of Order XXXVI of the CPC. 8. On perusal of the agreement entered into in writing by the petitioner and the respondent dated (no date mentioned) it appears that no estimated value of the property described in the agreement and thus the requirem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lfilled and as such the Court should not have assumed jurisdiction in view of rule 3 of Order XXXVI and consequently the judgment and decree passed by . the learned Trial Court is without jurisdiction and liable to be interfered in exercise of revisional power under Section 115 of the CPC and as such I am of the considered opinion that the learned Trial Court assumed Jurisdiction quite illegally in deciding the reference. 12. In the result, this revision petition is allowed. The impugned judgment and decree passed by the learned Trial Court in Title Suit No. 13 of 1994 so far it relates to the land covered by the agreement entered into between the petitioner Shri Ramdhan Sinha and the respondent Notified Area Authority is hereby quashe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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