Globe Super Parts v. Domestic Appliances and Ors.

JUDGMENT

D.K. Kapur, J.

1. The following issue has been framed as one of the issues in the suit. Has this court not got pecuniary jurisdiction to try this suit.

The entire pleading on the question of jurisdiction is setout first paragraph No. 12 of the plaint read as follows:-

12 The value of the suit for purpose of Court fee and jurisdiction is as under:-

2. The value of the suit for the purpose of court fee is Rs. 800/- The value for the purpose of jurisdiction is Rs. 200, 600/-. The plaintiff undertakes to pay additional court fee as and when required to do so when the actual amount found due is ascertained.

3. Then there is paragraph No. 9 in which it is stated as follows:-

The defendants have put the plaintiff in loss in business as well as reputation acquired in the trade. The loss to plaintiffs' business is estimated at Rs. 100,000/-. The loss to the reputation suffered is further estimate to be Rs. 100,000/- The actual loss of business can only be ascertained by looking at the accounts of the defendants sales of Gas-Tandoors.

4. The question of jurisdiction is dependent on the terms of the suits valuation Act. Section 8 provides that except in certain special types of cases, the value for court-fees and the value for the jurisdiction shall be the same. Section 9 deals with other types of suits which enable the High Court to make rules to govern the determination of special value of the said suits. In fact, the High Court has made rules regarding various types of suits. In present case, the value for court fees and value for jurisdiction has been given in regard to the four different relief's claimed and it is said that the value for jurisdiction and value for court fee is the same with regard to all of them.

5. Later on, the plaintiff has stated that the value for purposes of court fees is Rs. 800/- and value for jurisdiction is Rs. 200, 600/-. If the value for jurisdiction is Rs. 200, 600/-, then the court fees is also payable on Rs. 200, 600/- because the value for jurisdiction and the value for court fees can only be altered in certain cases covered by the rules otherwise it has to be the same. Hence, one of the two possibilities is possible. Either the present suit has to be tried on the basis that the jurisdictional value of Rs. 800/- or it has to be tried on the basis that the value is Rs. 200, 600/- in which case full court-fees on that sum has to be paid. The form of pleadings is such that I am not satisfied that this court has jurisdiction. I think, the plaintiff has shown the court and jurisdictional value to be Rs. 800/- I accordingly, direct the plaint to be returned to the court having jurisdiction for disposing of the same. But, I leave the parties to bear their own costs. Learned counsel for the plaintiffs says that he may amend the plaint, but he will have to move this application for amendment in the court where the plaint is filed because an amendment can also not be allowed except by the court which has jurisdiction.