GIAN CHAND Vs. KRISHEN SINGH

JUDGEMENT

(1.) THIS is a second appeal. It arises out of a suit for declaration. The suit was dismissed by the trial court. On appeal the learned District Judge, Jammu reversed the order of dismissal and decreed the suit. The contesting defendant has filed the present appeal. In the lower courts the suit was valued at Rs.100/ -, which was changed in this appeal to Rs.110/ -. This appeal came to be heard by one of us, D. D. Thakur J. He was of the opinion that this appeal raised an important question as regards the interpretation of clause (d) of section 100 of the Code of Civil Procedure, which could more appropriately be determined by a division bench of this court. He, therefore, directed that the case be referred for hearing to a division bench adding that it will be open to the parties to argue other points as well at such hearing. That is how this appeal has come before us. At the hearing, however, we were of the opinion that we should confine ourselves to the solitary question regarding the interpretation of clause (d) of section 100 of the Code of Civil Procedure and leave the rest to be decided by the learned Single Judge. Accordingly we heard the learned counsel for the parties on this point.

(2.) ADVERTING to clause (d) Mr. Vidhya Sagar Malhotra, appearing for the respondents, argued that this appeal was incompetent as the valuation of the suit in the trial court did not exceed Rs.100/ - and could not be changed arbitrarily at the stage of the second appeal to Rs.110/ -. According to him the expression Value of the subject matter of the suit in clause (d) signifies the valuation entered in the plaint. Replying, Mr. S. P. Gupta, argued that what is meant by the expression Value of the subject matter is the real or market value of the property involved in the suit and not any value which may have been entered in the plaint for purposes of jurisdiction. According to him if the real value of the property involved in the suit exceeded Rs.100/ -, a second appeal would be competent even if the valuation given in the plaint originally was less than Rs.100/ -. The real question emerging from these rival contentions is ; what is meant by the expression Value of the subject matter in section 100(l)(d).

(3.) BY virtue of section 9 of the Code of Civil Procedure the civil suits may be classified into two categories :