VISHWANATH RAGHUVIR SINAI EDO Vs. ASHOK DATTATRAY DANDE

JUDGEMENT

(1.) COMMON question of law arises in both these revision applications and therefore, they were heard together and are being disposed of by this common judgment.

(2.) BOTH the revision applications arise from the order dated 16th February 1999 passed in Regular Civil Appeal No. 54 of 1998 and Regular Civil Appeal No. 55 of 1998 by the Additional District Judge at Panaji. By the impugned order, the lower Appellate Court has held that the appeal against the unamended as well as amended decree in Special Civil Suit No. 382 of 1979-A passed by the Civil Judge, Senior Division, Panaji would lie before the District Court considering the valuation of the suit.

(3.) THE contention of the petitioner is that the suit was initially valued at Rs. 10,810/ -. However, the value of the decree ultimately granted by the trial Court exceeded the quantum of Rs. 1,00,000/ -. There is no dispute that in case the value of the suit is Rs. 1,00,000/- or above, then the appeal against the decree of the Trial Court in such suit would lie to the High Court whereas in case of suit valued at less than Rs. 1,00,000/-, the appeal against the decree passed therein would lie to the District Court. The contention of the petitioner is that the valuation for the purpose of deciding the forum of appeal should be one which is disclosed from the final decree passed in the suit and not one which is disclosed in the plaint by the plaintiff while filing the suit.