AIR 1978 PUNJAB AND HARYANA 267 ::1978 Rev LR 322 ::80 Pun LR 511 ::ILR (1978) 2 PunjHar 184

Punjab And Haryana High Court

Hon'ble Judge(s): Rajendra Nath Mittal , J

Punjab Courts Act (6 of 1918) , S.39(1A)— Appeal in money suits - Value for purposes of jurisdiction - Determination - Mode. Suits Valuation Act (7 of 1887) , S.8— In cases for recovery of money, the value for purpose of court-fee is fixed on the amount claimed by the plaintiff. Consequently, in view of S. 8 of the Suits Valuation Act the jurisdiction value of the suit for the purpose of jurisdiction is to be the same. Under S. 39 (1A) of Punjab Courts Act (as amended by Haryana Amendment Act, 1977) it is value of the suit for the purposes of jurisdiction in money suits, that will determine whether the appeal is to be retained by the High Court or to be sent to the District Judge even though the Court-fee in appeal has been paid by the appellant on the amount of more than Rs. 20,000/-. Thus where in a money suit value at Rs. 13,618/- the plaintiff is granted future interest from the date of the suit till the date of realisation and in appeal the defendant is also required to pay Court-fee on the amount of interest of Rs. 9656/- from the date of suit till the date of the filing of appeal, the valuation of the suit for the purpose of jurisdiction of the appellate Court is not changed and such an appeal need not be retransferred to High Court under S. 39 (1A). AIR 1931 Cal 159, AIR 1927 Lah 187 (2) and AIR 1933 Lah 8, Foll. (1859-61) 8 Moo Ind Ap....