IMPORTANT POINT
The valuation for jurisdiction determines the proper forum for appeal, and accrued interest should not be included in this valuation.

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. However, she pointed out the grievance of the respondent, who is a senior citizen litigating from 2011 onwards and sought for an early disposal of this appeal on merits in either way.

6. In this matter, as evident from the copy of the decree placed along with the appeal memorandum, the suit was originally valued at Rs.1,68,000/-. When the appellants filed A.S.No.52/2014 before the District Court, the valuation was shown as Rs.2,47,894/- by adding interest subsequently accrued after filing of the suit, in view of Explanation 3 to Section 52 of the Kerala Court Fees and Suits Valuation Act. It is on this premise, the learned District Judge, relying on the decision in Clara v. Augustine [1984 KLT 377], held that since the valuation in the appeal is Rs.2,47,894/-, the proper forum for filing the present appeal is this Court.

7. On a bare perusal of the verdict and the valuation shown in the decree, in fact, it is evident that the valuation for the purpose of appeal, in terms of Section 13 of the Kerala Civil Courts Act, 1957 is only Rs.1,68,000/- and not above Rs.2 lakh. Section 13 of the Kerala Civil Courts Act, 1957, as amended by the Kerala Civil Courts (Amendment) Act, 1996, provides that appeals from the decrees and orders of a Munsiff's Court and where the amount, or value of the subject matter of the suit does not exceed two lakh rupees from the original decrees and orders of a Subordinate Judge's Court shall, when such appeals are allowed by law, lie to the District Court.

8. Section 52 of the Kerala Court Fees and Suit Valuation Act provides that the fee payable in an appeal shall be the same as the fee that would be payable in the Court of first instance on the subject matter of the Appeal. However, Explanations 1, 2 and 3 also to be read along with Section 52 while computing the court fee payable in appeals.

9. Exactly, similar question has been considered by this Court in the decision reported in Ramanan v. Chitrasenan [2007 (2) KLT 11], wherein it was held in paragraph No.4 as under;

4. For the purpose of jurisdiction, valuation of the suit is relevant. The forum of Appeal is decided on the basis of the valuation of the suit. Valuation for the purpose of Jurisdiction and for the purpose of court fee need not be the same. That is the indication in Section 53 of the Court Fees Act. For computing the court-fee payable, interest accrued during the pendency of the suit till the date of decree shall be added, unless the relinquishment as provided in Explanation (3) to Section 52 of the Court Fees Act is available. Costs would not form part of the subject matter of the appeal unless the ingredients of Explanation (2) to Section 52 of the Court Fees Act are attracted. Jurisdiction of the appellate Court is decided on the basis of Section 13 of the Civil Cour