AIR 1968 ORISSA 181 ::34 CutLT 1195 ::ILR (1969) Cut 656

Orissa High Court

Hon'ble Judge(s): G. K. Misra, B. K. Patra , JJ

Court-fees Act (7 of 1870) , S.7(4)(d)— Suits Valuation Act (7 of 1887) , S.8— Valuation for court-fee becomes valuation for jurisdiction - Suit for injunction - Plaintiff putting higher value for purposes of jurisdiction than for Court fee hut subsequently wanting to amend plaint by reducing value for jurisdiction - Court should allow amendment even if it means ousting its own jurisdiction. Under Section 8 of the Suits Valuation Act whatever value is fixed for court fee must necessarily become the value for the purpose of jurisdiction. Even in a suit for injunction the plaintiff has to pay court-fee on the ad valorem basis. But he has the discretion to fix the value for purpose of paying court-fee. Once he fixes the amount for the purpose of paving the court fee, that becomes the valuation for jurisdiction also under S. 8 of the Suit Valuation Act. It is not right to say that the valuation fixed for jurisdiction becomes the valuation for purpose of court fee(Para 3) Where the plaintiff valued his suit for an injunction differently for purposes of court fees and for jurisdiction and later applied to amend the plaint for reducing the value for jurisdiction. Held that the court should allow such amendment even though it means ousting @page-Ori182 its own jurisdiction.(Para 3) ....