MANANANDA MOHANTI Vs. GULBADANI MOHANTY AND ORS.

JUDGEMENT

(1.) THIS revision is against the appellate judgment of the District Judge of Cuttack dismissing an appeal filed by the Petitioner against the judgment, of the Munsif of Cuttack returning the Petitioner's plaint for presentation before a proper Court on the ground that the value of the subject - matter was not less than Rs. 6,000/ - and consequently beyond his pecuniary jurisdiction.

(2.) THE Petitioner instituted a suit under Section 77 of the Indian Registration Act for registration of a sale -deed in which the consideration mentioned as Rs. 2,000/ -. The property is said to be valuable urban property situated in Cuttack town. The Plaintiff paid fixed court fee under Schedule II, para. 17A of the Court -fee Act but valued the suit for the purpose of jurisdiction at Rs. 2,000/ - and filed it before the learned Munsif. On objection by the opposite party, the learned Munsif beard the evidence adduced by both parties regarding the value of properly and held that it was more than Rs. 6,000/ -.

(3.) THE question is undoubtedly not free from difficulty and neither the provisions of the Court -fee Act nor the provisions of the Suits Valuation Act offer valuable help. In this stage of the law it seems inadvisable to depart from the established practice prevalent in North Orissa at any rate of following the decisions of the Calcutta High Court in the absence of any decisions to the contrary either of the Patna High Court or of this Court. No substantial prejudice is likely to be caused to either party and the question ultimately is one of regulating the practice in the subordinate Courts as regards institution of suite of this class.