AIR 1979 DELHI 61

Delhi High Court

Hon'ble Judge(s): D. K. Kapur , J

Suits Valuation Act (7 of 1887) , S.8, S.9— Suit for rendition of accounts - Value of suit for court-fee tentatively fixed at Rs. 200/- by plaintiff himself - Same value fixed for jurisdiction also - Suit is not maintainable in High Court - S.24 Civil P.C. or S.5(2) of Delhi High Court Act not applicable. @page-Del62 Civil P.C. (5 of 1908) , S.24, O.7 R.2— Delhi High Court Act (26 of 1966) , S.5(2)— Where in a suit for rendition of accounts the plaintiff has elected to fix the value for jurisdiction at Rs. 200/-, he is bound to file the suit in a court which has jurisdiction to try such a suit. The suit in the High Court is not maintainable.(Para 9) Though such a suit could be transferred to the High Court under its powers it could not be filed in the High Court as the High Court was not the original court and it could be transferred only if it was filed in the proper court.(Para 4) Further, the value mentioned in Section 5(2) of the Delhi Act refers to the jurisdictional value and not to the tentative amount which is fixed under O.VII R.2 of the C.P.C. It is true that when a suit is brought for mesne profits or on unsettled accounts or other debts of which the value cannot be determined with reasonable diligence, an estimate or approximate figure has to be given of the amount which....