PHEROZSHAW JAMSETJI COMISSARIATVALLA Vs. WAGHJI KUVERJI RAJE SHIRKE

JUDGEMENT

(1.) In this case the suit has been valued for the purposes of Court-fees at Rs. 540, It is a suit which falls within s. 7, paragraph (4), Sub-sections (c) and (d) of the Court fees Act and therefore according to the Suits Valuation Act of 1877, the value as determinate for the computation of Court-fees and the value for the purposes of jurisdiction is the same.

(2.) The suit has been disposed of by the First Class Subordinate Judge of Thana. Section 8 of the Bombay Civil Courts Act provides that Except as provided in Sections sixteen, seventeen and twenty-six, the District Judge shall be the Court of appeal from all decrees and orders passed by the Subordinate Courts from which an appeal lies under any law for the time being in force", and Section 26 provides that "In all suits decided by a Subordinate Judge of the First Class in the exercise of his ordinary and special original jurisdiction of which the amount or value of the subject-matter exceeds five thousand rupees the appeal from his decision shall be direct to the High Court.

(3.) We think it clear that the value of the subject-matter according to the provisions of the Suits Valuation Act is less than Rs. 5,000, therefore the appeal as provided by the legislature lies to the District Court and not to the High Court.