RAJ AND ASSOCIATES Vs. VIDESH SANCHAR VIGAM LIMITED

JUDGEMENT

(1.) THIS appeal challenges the order dated 18th July, 2005 of the learned single Judge whereby the learned Single Judge has directed the transfer of suit to the District Court in view of the value of the pecuniary jurisdiction of the suit being only Rs. 9,70,417/- that is less than Rs. 20 lacs which is the minimum amount at which a suit has to be valued for pecuniary jurisdiction to enable filing of the suit in the original side of this court.

(2.) THE contention of the counsel for the appellant is that though, the suit will have to be taken as valued at Rs. 9,70,417/- and which is the amount of which recovery is sought in the present suit, he contends that the defendant No. 1 had filed a counter claim and the valuation of which counter claim being Rs. 30,14,256/- consequently, the valuation being such that it is within the pecuniary jurisdiction of this Hon'ble Court such counter claim has been directed to be tried by this Hon'ble Court.

(3.) THE issue therefore is that when the valuation of a suit plaint is less than the pecuniary jurisdiction as required for filing a suit in this court, is the suit liable to be transferred to the appropriate court of pecuniary jurisdiction or has the suit plaint to be retained in this court and be consolidated with the counter claim filed by the defendant No. 1. We are of the view that the present appeal deserves to be allowed for the reasons stated hereinafter.