AIR 1964 KERALA 314 ::1964 Ker LT 449 ::1964 Ker LJ 712

Kerala High Court

Hon'ble Judge(s): S. Velu Pillai , J

(A) Civil P.C. (5 of 1908) , S.15, S.2(4)— Suit validly instituted in District Court - Plaint returned en the ground of pecuniary jurisdiction for presentation to Munsiff's court - No question of suit being barrel by limitation on the date of presentation to Munsiff's Court can arise. In a suit instituted on 31st Karkadakam 1125 in the District Court for administration of chitty assets, the defendant took objection that proper court-fee had not been paid. The District Court went into the question and called upon the plaintiff to state his valuation of the suit for the payment of court-fee and for determining jurisdiction. The stated valuation being below Rs. 2,000/- the plaint was returned and it was then presented in the Munsiff's Court on the 25th Kanni 1127. Held, that the suit must be deemed to have been validly instituted on the day of the presentation of the plaint in the District Court and hence no question of the suit being barred by limitation on the date of its presentation to Munsiff's Court could arise in the case.(Para 2) The District Court in which the plaint was presented was a court which had jurisdiction to try the suit. Under S. 2(4) Civil P.C. a District Court is defined as the principal Civil Court of original jurisdiction in the District and under S. 10 of the Travancore Civil Courts Act, whi....