STATE BANK OF INDIA Vs. RAM SARUP JINDAL

JUDGEMENT

(1.) This appeal has been directed against the judgment and decree of the Additional District Judge, dated 20.2.1979, dismissing the appeal on the ground that the Court-fee paid in the appeal was deficient.

(2.) The State Bank of India filed a suit for recovery of Rs. 17,028.35. The suit was dismissed by the trial Court, primarily, on the objection that it was not instituted by an authorised person. Against the judgment and decree dated 17.8.1977, the plaintiff-appellant filed Regular First Appeal in this Court, as this Court had the jurisdiction, at that time to entertain the appeal. When the Regular First Appeal came up for hearing before this Court, it was transferred to the District Judge, Hissar, on the ground that pecuniary jurisdiction to hear the first appeal lay with the District Judge. The Additional District Judge has dismissed the appeal on the ground that the Court-fee leviable in appeal was much more, in accordance with the Haryana Court-Fees Act. The first appeal was filed before this Court, after affixing Court-fee leviable in accordance with the Schedule of Court-Fees of Punjab. There is no dispute between the parties that whatever Court-fee was paid in this Court, was correct.

(3.) After hearing the counsel for the parties, I am of the considered opinion that this appeal deserves to be allowed and the case should be remanded, for fresh decision on merits, to the District Judge, Sirsa. The appeal as filed before this Court, was complete in all respects and there was no deficiency as regards the Court-fee. The appeal was remanded for decision on merits, as this Court did not have the pecuniary jurisdiction when the first appeal came up for hearing. In fact, the counsel for the respondents also agrees that this appeal should be remanded for decision on merits and, rightly so. He may raise the objections regarding maintainability of the suit and other points as well, including the Cross Objections. I would, therefore, remand the case and direct the District Judge, Sirsa, to decide the appeal as well as the Cross Objections on merits. The judgment and decree of the Additional District Judge, is set aside. The parties through their counsel are directed to appear before the District Judge, Sirsa, on 5.10.1990. Since the matter is an old one, the appeal be decided by the District Judge at the earliest.