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Sivasankaran, S/o Narayanatharakan – Appellant
Versus
Sreekanth Enterprises – Respondent
JUDGMENT :
The defendants in O.S.No.210/2011 on the files of Sub Court, Ottapalam impugns decree and judgment therein dated 21.01.2014 by filing this appeal under Section 96, read with Order XLI Rule 1 of the Code of Civil Procedure.
2. Since the pecuniary jurisdiction of this Court to entertain the appeal is doubted, the learned counsel for the appellants and respondent were heard in detail.
3. At the time of hearing, the learned counsel for the appellants submitted that in fact, the appellants filed this appeal as A.S.No.52/2014 before the District Court, Palakkad and as per the judgment dated 10.10.2014, the learned District Judge found that the District Court has no pecuniary jurisdiction to entertain the present appeal and accordingly, the appeal memorandum was ordered to be returned to the appellants for presentation before this Court.
4. According to the learned counsel for the appellants, since the District Judge found that the District Court has no pecuniary jurisdiction, the appellants' remedy is before this Court and therefore, the appeal is maintainable.
5. The learned counsel for the respondent would submit that the present appeal is not maintainable before this Court. Howe
The valuation for jurisdiction determines the proper forum for appeal, and accrued interest should not be included in this valuation.
The pecuniary jurisdiction of an Appellate Court is determined solely by the provisions of the Civil Courts Act, and not by the court fee valuation under the Kerala Court Fees and Suits Valuation Act....
Point of law: Court Fee - It is evident that the Court has to find cut that the claim is under valued. Then at least require the plaintiff to correct the valuation and fix a time to pay deficit Court....
The valuation of the original suit determines the jurisdiction for appeals, irrespective of the counter claim's valuation, as per the provisions of the C.P.C.
The Civil Judge (Senior Division) has jurisdiction to decide suits valued below Rs.5 lacs, and issues of undervaluation must be determined through proper issue framing.
The appeal is not maintainable in the High Court due to valuation issues and procedural defects as per applicable rules.
The date of institution of a suit determines jurisdiction, and recent amendments to the Telangana Civil Courts Act apply prospectively, ensuring that earlier provisions govern pending cases.
Law relating to forum being procedural in nature, an amendment which altered the forum, would apply retrospectively. Whilst the correctness of the aforesaid contention cannot be doubted, it is essent....
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