SANT RAM Vs. RENU

JUDGEMENT

(1.) THIS application has been filed under Section 39 of the Punjab Courts Act as amended by the Punjab Courts (Haryana Amendment) Act, 1977 (hereinafter referred to as the Amendment Act) for retransferring the appeal from the Court of Additional District Judge, Ambala, to this Court.

(2.) BRIEFLY , the facts of the case are that a suit for recovery of Rs. 13,618.00 was instituted in the trial Court. It was prayed therein that the plaintiff be granted interest from the date of institution of the suit till the date of the decree. The plaintiff fixed the value of the suit for the purposes of Court - fee and jurisdiction as Rs. 13,620.00. The trial Court decreed the suit for recovery of Rupees 13618.00 and also for future interest at the rate of Rs. 12 per cent per annum from the date of suit till the date of realisation. The defendant filed an appeal to this Court wherein he paid the Court -tee on the amount of Rs. 13,618.00, the principal and Rs. 9656.00, the interest, which accrued from the date of the suit till the date of the filing of the appeal. At that time, the appeals relating to the decrees the jurisdiction value of which was more than Rs. 10,000.00 were maintainable in the High Court. Later on, by virtue of the Amendment Act the value for the purposes of appeal to the High Court was increased from Rs. 10,000.00to Rs. 20,000.00. A provision was also made in the Amendment Act that all appeals pending in the High Court, the value of which did not exceed Rs. 20,000.00 would stand transferred to the District Judge exercising ordinary territorial jurisdiction in such appeals. In view of the aforesaid clause, this Court transferred the appeal to the Court of District Judge, Ambala who in turn, transferred it for disposal to the Court of Additional District Judge, Ambala. This petition has been filed by the petitioner with a prayer that the appeal be retransferred to this Court as he had paid Court -fee in appeal on an amount of more than Rs. 20,000.00. The petition has been opposed by the respondent.

(3.) THE only question that arises for determination in the present case is that if the plaintiff is granted future interest from the date of the suit till the date of realisation and in appeal the defendant is required to pay Court -fee on the amount of interest, whether the valuation of the suit for the purpose of jurisdiction is changed or not.