AIR 1969 RAJASTHAN 304 ::1969 RajLW 241 ::ILR (1970) 20 Raj 49

Rajasthan High Court

Hon'ble Judge(s): C. M. Lodha , J

(A) Suits Valuation Act (7 of 1887) , S.11— Court-fees and Suits Valuations - Scope - Partition suit as filed by plaintiff found to be within pecuniary jurisdiction of Court - Matter referred to arbitrators - According to award valuation of plaintiff's share coming to be more than Rs. 10,000 i.e. beyond pecuniary jurisdiction of Court - Whether Court could pass decree in terms of award - Held that Court could pass decree. The valuation which the plaintiff had given in the plaint in a suit for partition filed in the Court of the Civil Judge, Ratangarh, was Rs. 2500 i.e. within the jurisdiction of the Court. The defendant pleaded that the valuation of the plaintiff's share would be more than Rs. 10,000, if all the partible property was taken into consideration. However, before the parties could, start their evidence, the matter was referred to arbitrators and according to the award given by the arbitrators the valuation of the plaintiff's share came to be more, than Rs. 10,000. On the question whether the Civil Judge could pass a decree on the basis of the award; Held, that the Civil Judge could pass a decree. It is well established that the 'value of a suit' for purposes of jurisdiction is to be determined by the valuation in the plaint. In every case when the Court is seized of jurisdiction it cannot and does @pag....