The valuation of an appeal is determined by the valuation of the suit, not by accrued interest; therefore, appeals below Rs.50 lakhs must be filed with the District Court.

ORDER:

(per Ravi Nath Tilhari, J.)

This appeal was filed challenging the decree dated 26.04.2024 in O.S.No.38 of 2019 on the file of I Additional Civil Judge (Senior Division), Nellore. 2. Office raised objection that for the purpose of pecuniary jurisdiction as per Act 26 of 2018 of Andhra Pradesh Civil Courts (Amendment) Act, 2018, the appeal should be filed before the Court of District Judge, the valuation of the suit being less than Rs.50,00,000/-.

3. Learned counsel for the appellant submits that if the interest is calculated as claimed in the suit, the value of the appeal is above Rs.50,00,000/- . So the appeal would lie to this Court.

4. The question is whether the appeal shall lie to the Court of District Judge or to the High Court under Section 96 CPC? In other words the valuation of the appeal or the valuation of the suit should govern the issue.

5. The same question, fell for consideration in the light of the office objection in the case of Maripalli Naga Lokeswara Rao v. Ravulapalli Kranthi Kumar , [A.S.(SR).No.18100 of 2024 decided on 09.05.2025 by APHC]. A Co-ordinate Bench of this Court on consideration of Section 17 of Andhra Pradesh Civil Courts Act, 1972 and Section 49 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956, held that the forum of appeal is to be determined as per Section 17 of Andhra Pradesh Civil Courts Act, 1972. It was held that the amount or value of the subject matter of the suit or proceedings shall govern the issue. If it is not more than Rs.50 lakhs, the appeal shall be to the District Court and in other case to the High Court.

6. Para Nos.8 to 12 in Maripalli Naga Lokeswara Rao (supra) are reproduced as under:

“8. The question is whether the appeal shall lie to the Court of District Judge or to the High Court under Section 96 CPC? In other words the valuation of the appeal or the valuation of the suit should govern the issue.

9. Admittedly, the valuation of the suit is valued by the plaintiff was less than Rs.50 lakhs. The valuation of the present appeal is more than Rs.50 Lakhs, which includes the interest awarded by the Court from the date of institution of the suit till its realisation, in two parts i.e., till the date of decree @ 12% and from the date of decree till its realisation @ 6%.

10. Section 17 of the Andhra Pradesh Civil Courts Act, 1972 reads as under:

“17. Appeals from the decrees and orders of Courts in the District:-

(1) An appeal shall, when it is allowed by law, lie from any decree or order in a civil suit or proceeding:-

(i) of the District Court, to the High Court;

(ii) of the Court of Senior Civil Judge,-

(a) to the District Court, when the amount or value of the subject matter of the suit or proceeding is [not more than rupees fifty lakhs,]

(b) to the High Court ; in other cases ; and (iii) of the Court of Junior Civil Judge, to the District Court.

(2) The District Judge may, subject to the order of the High Court transfer for disposal any appeal from the decree or order of a Court of Junior Civil Judge preferred in the District Court, to any Court of Senior Civil Judge within the district.

(3) Where a Court of Senior Civil Judge is established in any district at a place remote from the seat of the District Court, the High Court, may, with the previous sanction of the Government, direct that an appeal from the decree or order of any Court of Junior Civil Judge within the local limits of the jurisdiction of such Court of Senior Civil Judge shall be preferred in the said Court of Senior Civil Judge .

Provided that t