AMBADASARAO Vs. SHAMALABAI

JUDGEMENT

(1.) This petition under S.115 CPC is by the defendant in OS. 196 71 on the file of the Civil Judge at Bidar. By this petition an order made on Issue No.1. determining the valuation of the subject matter of the suit for purpose of jurisdiction, has been challenged. It has arisen in this way.

(2.) The plaintiff sued for recovery of past and future maintenance "at the rate of Rs.200 per mensem. In regard to the past maintenance she quantified the total amount payable at Rs.7,200 and then added Rs.2,400 to it for the purpose of court fee under S.22 Off the Karnateka Court Fees and Suits Valuation Act. Thus, the value of the relief for purpose of court fee is Rs.9,600 only. The suit however, came to be filed in the Court of the Civil Judge which has jurisdiction in cases of suits where the subject matter is not less than Rs.10,000. But what the plaintiff did for the purpose of jurisdiction is, apparently placing reliance on sub-clause(c) of S.22 of the aforesaid Act that she quantified five years maintenance for the purpose of jurisdiction and thus arrived at a figure of Rs. 12,000.

(3.) On an objection being taken by the defendant an additional issue came to be framed. The Court without properly comprehending the scope of the provisions of the various sub-clauses of S.22 read with sub-sec, (1) of S.50, accepted the valuation of the plaintiff for the purpose of jurisdiction. Hence this petition.