GANGA RAM Vs. L. MADAN LAL KAPUR

JUDGEMENT

(1.) This is a first appeal against a decree passed by the Learned City Judge Srinagar on 18th Katik 2008 and arises out of the following facts:-

(2.) The plaintiff brought a suit for accounts against the defendant-appellant, L. Ganga Ram. For purposes of Court-fee and jurisdiction he valued his suit at Rs.1100/-. The learned City Judge after going through the accounts, passed a decree in favour of the plaintiff for a sum of Rs.6938/10/. The defendant-appellant has now come up in first appeal to this Court.

(3.) On behalf of the plaintiff-respondent a preliminary objection is taken that the defendant-appellant has chosen a wrong forum of appeal and that the appeal does not lie to this Court and should have been preferred in the District Court. He has based his objection on the fact that the plaintiff has valued the suit for purpose of Court fee and jurisdiction at Rs.1100/-. Under these circumstances' the forum of appeal, in his submission, would be the District Court and not the High Court.