MT ANIS BEGAM Vs. LALA SHYAM SUNDER LAL

JUDGEMENT

(1.) Civil Revision No. 364 of 1936 is an application for revision of an order passed by the learned Additional Munsif of Bareilly rejecting a plaint which had been filed in a suit brought by the plain, tiffs under Section 33, United Provinces Agriculturists Relief Act. First Appeal from order No. 175 of 1936 is a plaintiffs first appeal from the order of the learned Civil Judge of Bareilly rejecting a plaint and directing it to be returned to the plaintiffs for presentation to the proper Court. This plaint referred to the same matter and was filed in a suit claiming the same relief as had originally been claimed in the Court of the Munsif.

(2.) The matter arose in this way. The plain, tiffs borrowed a sum of Rs. 6,000 from the defendant upon a mortgage deed dated 20 December 1929 whereby they agreed to pay interest at the rate of Rs. 1-2-0 per cent, per mensem. The plaintiffs were agriculturists and were consequently entitled to a reduction of interest under the provisions of the Agriculturists Relief Act. The contract rate of interest had been paid by the plaintiffs from the date of the mortgage and they brought the suit out of which this revision and appeal arises, claiming an account under Section 33, United Provinces Agriculturists Belief Act.

(3.) The suit was valued by the plaintiffs at a sum of Rs. 500 and it appears that the defendant took an objection and alleged that the suit was really beyond the juris, diction of the learned Munsif. The learned Munsif came to the conclusion that the valuation placed on the suit by the plain, tiffs, namely Rs. 500, was a purely arbitrary valuation and that the suit was really not one for accounts but was for a declaration. He held that as the suit was for a declaration it should be valued at at least Rs. 6,000, because that was the original amount of the loan. He therefore held that he had no jurisdiction to entertain the suit and returned the plaint to the plaintiffs for presentation to the proper Court.