RATTANI DEVI Vs. CHATRO

JUDGEMENT

(1.) The petitioner-plaintiff is aggrieved by the order dated 23.8.1993 passed by District Judge, Chamba whereby her appeal was returned to her for presentation before the proper court holding that as per the order dated 21.12.1991 of Sub Judge Ist Class, Chamba, the value for the purpose of jurisdiction of the suit was fixed at Rs. 2,33,000.00 and appeals of the value upto Rs. 50,000.00 could be filed in his court. By his order dated 21.12.1991 the Sub Judge had returned the plaint to the petitioner-plaintiff holding that he had not have jurisdiction to try the suit in view of his findings that the suit property is valuing Rs. 2,33,000.00. Hence, the present revision petition.

(2.) The facts in brief are that the petitioner-plaintiff filed suit for declaration and permanent injunction against the respondents-defendants in the Court of Sub Judge Ist Class, Chamba. She valued the suit for the purpose of jurisdiction and court fees at Rs. 1,000.00 for the relief of declaration, at Rs. 130.00 for the relief of injunction and at Rs. 140.00 for the relief of possession of the property in dispute and affixed court fees of Rs. 19.50, Rs. 13.00 and Rs. 14.50 respectively for the reliefs sought. In the written statement filed by the respondents-defendants objected to the valuation of the suit for the purpose of jurisdiction and court fees and trial court framed the following preliminary issue and tried it:-

(3.) Against the order dated 21.12.1991 the petitioner-plaintiff filed appeal in the Court of District Judge, who without going into the merit whether the trial Court correctly decided the Issue of jurisdiction and court fees by assessing the market value of the property in dispute at Rs. 2,33,000.00, returned the memorandum of appeal on the ground that he had no jurisdiction in view of the findings of the trial court in respect of the value of the property in dispute, as he could not entertain the appeal of the value of more than Rs. 50,000.00.