The value of the entire subject matter is relevant for determining the jurisdiction, and specific provisions in the A P Civil Courts Act prevail over general provisions in the A P Court Fees Act.

M. JAGANNADHA RAO, J.

( 1 ) AN important question as to procedure arises in this case.

( 2 ) THE suit O S No. 147 of 1978 filed before the Subordinate Judge, Visakhapatnam by the respondents was valued at Rs. 18,000/-and the court fee was paid at Rs. 13, 500/- which is 3/4th of the value of the property under Section 24 of the A P Court Fees Act, 1956. For the purpose of jurisdiction, the suit was valued at the same amount of Rs. 13,500/- in view of the provisions in Sec. 50 (1) of the same Act. The trial court decreed the suit, and the defendants have preferred this appeal showing the value of the appeal as Rs. 18,000/- by paying a court fee only on a sum of Rs. 13,500/ -.

( 3 ) THE registry has raised an objection stating that the value of the appeal is to be shown as Rs. 13,500/- and not Rs. 18,000/- and the appeal be presented before the District Court. There is no dispute regarding court fee payable ia this appeal. The Registry relies upon the provisions of Sec. 50 (1) of the A P court Fees Act which deals with the value for the purpose of jurisdiction. The said provision reads as follows:-SEC. 50 (1) "if no specific provision is made in this Act or in any other law regarding the value of any suit for the purpose of determining the jurisdiction of courts, value for that purpose and value for the purpose of computing the fee payable under this Act shall be the same. "

( 4 ) IN this connection. the learned counsel for the appellant Sri N. V. Ranganadham, relies upon Sec. 17 of the A P civil Courts Act, 1972.

( 5 ) SECTION 17 (1) reads as follows;-"17. (1) An appeal shall, when it is allowed by law lie from any decree or order in a Civil suit proceeding- (i) of the District Court to the high Court: (ii) of the court of Subordinate judge,- (a) to the District Court, when the amount or value of the subject matter and the suit or proceedings is not more than rupees fifteen thousand: (b) to the High Court in other cases. "

( 6 ) IT is clear from Section 17 (1) of the A P Civil Courts Act, that in the event of the value of the subject matter being above Rs. 15,000/- the appeal would lie to High Court. In the present case, the value of the 3/4 th of the subject matter of the suit is 13,500/- while the value of the entire subject matter is ks. 18,000/ -. If we apply Sec 50 (1) of the A P Court Fees and Suits Valuation act 1956 and take the value of the appeal as Rs. 13,500/- the appeal from the sub-court will lie to district court. If we take the value of Rs. 18,000/- the appeal would lie to this court in view of Section 17 (1) of the A P Civil Courts Act. the question for consideration is, as to which particular statute has to be followed.

( 7 ) IT may be noted that Section 50 (1) itself clearly states that the provisions of that Section are applicable unless there is one other specific provisions in the AP Court Fees and Suits Valuation act, 1956 or any other law regarding valuation of the suit for the purpose of determining the jurisdiction of the courts.

( 8 ) IN any view, the provisions in sec. 17 (1) constitutes a special or specific provision to the contra, in as much as under the provisions the value of the subject matter ie. , the entire value is relevant for the purpose of determining the jurisdiction and not 3/4th of the value of the subject matter as in Section 24 of the a P Court Fees and Suits Valuation Act, read with Sec. 50 (1) of the same Act. I am therefore of the view that the value of the appeal for the purpose of jurisdiction is to be taken as Rs. 18,000/- and not rs, 13,500/- and that the appeal lies to this court and not to the District Court.

( 9 ) THIS is in confirmity with the special provisions made in Section 17 (1) of the A P Civil Courts Act.

( 10 ) THEREFORE the Registry is accordingly directed to receive the appeal and register the same.

Click Here to Read the rest of this document