1. Revision petitioners are the plaintiffs in OS 239 of 1979 of the Principal Munsiff's Court, Kozhikode-I. They filed the suit for realisation of Rs 1,400/-. The suit was dismissed and counter-claim of the defendant for an amount of Rs.1,662.50 was allowed. Plaintiffs filed appeal as AS 56 of 1980 and the Sub Judge, Kozhikode dismissed the appeal on the ground that it is barred under S.96(4) of the CPC.

2. The main contention of the plaintiffs is that the learned Sub Judge went wrong in dismissing the appeal overlooking the fact that it relates to the plaint claim as well as the counter-claim, the amount or value of both together exceeding Rs.3,000/-. As the trial Court had dismissed the plaint claim and allowed the counter-claim plaintiffs were compelled to file appeal challenging both the findings. In the appeal memorandum before the Sub-Court the challenge is against the dismissal of the suit as well as against the counter-claim being allowed. That being the position it has to be necessarily held that the value of the subject matter of the suit is more than Rs.3,000/-. As the issues in the suit as well as the defence taken up in the counter-claim are very much inter-