LAWS(KER)-1987-2-23

USSAIN Vs. MUHAMMED

Decided On February 23, 1987
USSAIN Appellant
V/S
MUHAMMED Respondents

JUDGEMENT

(1.) THE main contention of the plaintiffs is that the learned Sub Judge went wrong in dismissing the appeal overlooking the fact that it relates to the plaint claim as well as the counter-claim, the amount or value of both together exceeding Rs. 3,000/ -. As the trial Court had dismissed the plaint claim and allowed the counter-claim plaintiffs were compelled to file appeal challenging both the findings. In the appeal memorandum before the sub-Court the challenge is against the dismissal of the suit as well as against the counter-claim being allowed. That being the position it has to be necessarily held that the value of the subject matter of the suit is more than rs. 3 ,000 / -. As the issues in the suit as well as the defence taken up in the counter-claim are very much inter-linked and as the plaintiffs have paid court fees in the appeal both for their claim in the suit as well as against the counter-claim it would not be possible to hold that the value of the subject matter of the suit is less than Rs. 3 ,000 /- attracting the bar under S. 96 (4) of the CPC. A counter-claim is in the nature of a plaint in a counter-suit and has to be charged with court fee on that footing

(2.) S. 96 (4) CPC provides that there shall be no appeal except on a question of law, from a decree in any suit of the nature cognizable by the Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed three thousand rupees. The suit has not been defined in the CPC. The amount or value of the subject matter of the suit is the claim in the suit and as a counter-claim has been made, that also. As the appeal before the Sub Court is against the judgment of the Court disallowing the plaint claim and allowing the counter-claim and as both together exceed more than Rs. 3,000/- it has to be held that S. 96 (4) CPC will not operate as a bar to the appeal.

(3.) THE judgment and decree of the Court below are hereby set aside and the case is remanded to the Sub-Court for fresh disposal in accordance with law. THE CRP stands allowed. THEre is no order as to costs. . .