YOGESH CHANDER BHATNAGAR Vs. MANJU BAB

JUDGEMENT

(1.) Mr. Ishwar Sahai, counsel for the defendant No. 1 has raised a preliminary objection before this Court with regard to the maintainability of the present suit. According to the learned counsel, this Court has got no jurisdiction to entertain the present suit and as such the plaint should be returned for presentation to the proper Court.

(2.) The learned counsel in support of his arguments has led me through Section 9 of the Suits Valuation Act which deals with the determination of the valuation of certain suits by the High Court. The learned counsel has contended that the present suits in the instant case should have valued at Rs. 1,000/-.

(3.) Since we are concerned with the construction of Section 9 of the Suits Valuation Act, 1887 it would be just and proper to examine the provisions of the said section before proceeding any further in the matter. The said section provides that the subject matter of suits of any class, other than suits mentioned in Court Fees Act, 1870, Section 7, paragraph V and vi paragraph x, clause (d), is such that in the opinion of the High Court it does not admit of being satisfactorily valued, the High Court may, with the previous sanction of the State Government direct that suits of that class shall, for the purposes of the Court Fees Act, 1870, and of this Act and any other enactment for the time being in force, be treated as if their subject matter were of such value as the High Court thinks fit to specify in this behalf.