GUPTA PVT LOAN COMMITTEE Vs. SUMITRA DEVI

JUDGEMENT

(1.) This is defendant's first appeal. It arises out of a final decree passed by the leraned District Judge, Jammu, on 28-5-1979 in a suit for recovery of Rs. 11400/- as principal amount and Rs. 3933/- as interest up to the date of suit, and future interest at the rate of 12%. In this appeal the defendant has challenged the correctness of the decree only to the extent of the award of interest of Rs. 3,933/- and future interest at the rate of 12% per annum and the judgment and decree has been not been assailed on any other account. Therefore, it is not necessary for us to deal with the facts of the case except in so far as the same are relevant for the purpose of deciding the limited issue.

(2.) Since the challenge is confined only to a part of decree for Rs. 3933/-, the defendant has paid court-fee of Rs. 423.50 on the said amount. At the very outset, therefore, a question has arisen as to whether this appeal should be heard by a single Judge or by a Division Bench of the High Court because Rule 14 (2) of the High Court Rules provides:--

(3.) Similar view has also been expressed by a Division Bench of our own High Court in (1936) 38 Pun LR (J&K) 88, wherein it was observed:-- "The value of the subject matter of a suit must be its valuation or at the time of its institution and the amount or the value of the subject matter as fixed in the plaint should determine the court to which the appeal lies."