AIR 2009 (NOC) 913 (JHA) ::2009 (1) AIR Jhar R 371 ::2009 A I H C 1090 ::(2010) 2 CivilCourtC 681 ::(2009) 2 CivLJ 893 ::(2010) 2 CurCC 10 ::(2009) 1 JCR 31 (JHA)

Jharkhand High Court

Hon'ble Judge(s): M. Y. Eqbal , J

Civil P.C. (5 of 1908) , S.6— Suits Valuation Act (7 of 1887) , S.8— Court-fees Act (7 of 1870) , S.7(iv)— Pecuniary jurisdiction - Suit for declaration of title, possession and for permanent injunction - Plaintiff valued suit at Rs. 1 lac and 1 hundred which comes within pecuniary jurisdiction of Subordinate Judge - Once plaintiff exercises his option and values his claim for purpose of Court fees, that determines value for jurisdiction - Return of plaint on ground that Subordinate Judge has no pecuniary jurisdiction - Improper. The plaintiffs filed suit for adjudication of right, title and interest and for declaration of their possession over the suit premises and in the event plaintiffs are dispossessed, decree for recovery of possession be passed. In addition to that, plaintiffs also sought decree for permanent injunction. Plaintiffs valued the suit at Rs. one lac, one hundred i.e. Rs. one lac for the first relief and Rs. one hundred for the second relief of permanent injunction. For the purpose of both the Court-fees and jurisdiction, the suit was valued at Rs. 1,00,100 which comes within the pecuniary jurisdiction of Subordinate Judge. It is well settled that the determination of valuation for the purpose of jurisdiction depends upon the determination of the valuation for the purpose of payment of Court-fee within the meaning of Section 8 of the Suits ....