Allahabad High Court
A227/7087/2025 of SANTOSH CHANDRA GUPTA Vs SMT. GOMTI DEVI AND 5 OTHERS on 11 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7087 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Anoop Kumar Upadhyay, the learned counsel for the petitioner. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 7087 of 2025
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
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1. Heard Shri Anoop Kumar Upadhyay, the learned counsel for the petitioner.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 16.09.2025 passed by the learned Additional District Judge, Court No.6, District- Balrampur in SCC No.03/2001/1995 whereby while deciding the petitioner's application under Order 7 Rule 10 CPC filed on the ground that presently, the SCC suit is cognizable by Civil Judge consequent to enhancement of pecuniary jurisdiction of Judge, Small Cause.
3. The learned counsel for the petitioner has submitted that under Order 7 Rule 10 CPC, when the suit is filed in a Court which does not have jurisdiction, the plaint has to be returned for presentation to the proper Court and the court has no jurisdiction to transfer the case to the proper Court.
4. In the present case, the suit was filed in the year 1995 and at that time, the District Judge has the pecuniary jurisdiction to entertain the SCC suit. It is during pendency of the suit that after about three decades, the pecuniary limits of jurisdiction of courts have been rearranged and now the SCC suit has become triable by a learned Civil Judge having jurisdiction over small causes suits.
5. In these circumstances, Order 7 Rule 10 CPC is not attracted as a suit was filed in a jurisdiction. The learned Additional District Judge has rightly ordered transfer of SCC suit to the court having jurisdiction over Versus Counsel for Petitioner(s) : Anoop Kumar Upadhyay Counsel for Respondent(s) :
Santosh Chandra Gupta .....Petitioner(s) Smt. Gomti Devi And 5 Others .....Respondent(s)
SCC suits as per pecuniary jurisdiction.
6. There appears to be no error or illegality in the order dated 16.09.2025 passed by the learned Additional District Judge, Court No.6, District- Balrampur in SCC No.03/2001/1995.
7. The petition lacks merit and the same is dismissed. December 11, 2025 -Amit K- A227 No. 7087 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench