VIJAY KUMAR RAMPAL Vs. DIWAN DEVI

JUDGEMENT

(1.) These two appeals disclose a distressing feature of the vagaries of judicial process and the horrendous delay in disposing of cases and controversies. The appellants who are plaintiffs filed two suits for possession of land particulars of which are described in a plaint in each case. The suits bore Nos 32 and 33 of 1967. They were instituted the Court of District Judge, Jammu in the State of Jammu and Kashmir. On the summons of the suits being served defendants entered appearance and, inter alia, contended that the Court of District Judge, Jammu had no jurisdiction to try each of the suits on the ground that in view of the pecuniary jurisdiction it should have been instituted in the Court of the lowest pecuniary jurisdiction. This contention found favour with the learned District Judge who by his order dated May 23, 1968 directed that plaint on each of the suits be returned to the plaintiff for presentation to the proper court. Pursuant to this order the plaint in each suit was returned on May 24, 1968 and on the same date both the plaints were presented in the Court of Sub Judge at Jammu.

(2.) A contention was raised by the defendants that the suits when presented in the Court of Sub-Judge were barred by limitation. The learned sub-judge negatived the contention. Two Civil Revision Petitions being 23-24 of 1970 were preferred, by the defendants in the High Court of Jammu and Kashmir at Jammu. The learned single Judge of the High Court took note of the fact that the court-fees payable should have been computed according to Sec. 7(v)(b) of the Court-fees Act which was not done and instead suit was valued at Rs. 12/- and a court-fee on. the amount of Rs. 12/- was paid, and this according to learned Judge passes comprehension. The learned Judge concluded that not only there has been want of due care and attention on the part of the plaintiffs but there has been gross negligence in fixing the valuation. This being the fault of the plaintiffs, according to the learned Judge provision contained in Section 14 of the Limitation Act would not assist the plaintiffs. On this finding both the revision petitions were allowed and the suits were dismissed as being barred by limitation. Hence these two appeals by special leave.

(3.) Mr. Sharma learned counsel for the respondents urged that want of due care and attention coupled with negligence in not properly valuing suits for pecuniary jurisdiction and not paying court-fees as computed under Sec. 7(v)(b) of the Court-fees Act would clearly show lack of good faith and if that be so, learned Judge of the High Court was right in holding that the suits are barred by limitation. We are at a loss to understand and appreciate the contention of Shri Sharma as well as the approach of the learned Judge. Section 14 of the Limitation Act provides for exclusion of time of proceeding bona fide in court without jurisdiction. In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding against the defendant shall be excluded where the proceeding relates to the same matter in issue and is prosecuted in a good faith in a court which from a defect of jurisdiction is unable to entertain it. The expression good faith qualifies prosecuting the proceeding in the Court which ultimately is found to have no jurisdiction. Failure to pay the requisite court-fee found deficient on a contention being raised or the error of judgment in valuing a suit filed before a Court which was ultimately found to have no jurisdiction has absolutely nothing to do with the question of good faith in prosecuting the suit as provided in Section 14 of the Limitation Act. The High Court in our opinion was in error in holding that defective valuation and improper computation of court-fees discloses lack of good faith on the part of the plaintiff.