The valuation made by the court for determining the suit's pecuniary limits is not governed by Section 12 of the Court Fees Act.

Kumaraswami Sastri, J.

1. The plaintiff, who is the appellant, valued the lands referred to in the plaint at Rs. 100 and filed the suit in the District Munsifs Court. Objection was taken as to jurisdiction on the ground that the lands were greatly undervalued and that their proper value was beyond the Courts pecuniary jurisdiction. The District Munsif found on the evidence that the lands were worth Rs. 4,000 and ordered the plaint to be returned for presentation to the proper Court.

2. This order returning the plaint is appeal-able under Order XLIII, rule l, Clause (a), and an appeal was filed in the District Court. The District Judge, relying on Section 12, Clause 1, of the Court Fees Act, held that no appeal lay as the decision of the District Munsif as to the valuation was final.

3. I am of opinion that the decision of the District Judge cannot be supported. As was pointed in Peari Shah v. Surja Mal 16 Ind. Cas. 575 : 17 C.W.N. 603 : 16 C.L.J. 371, Section 12 of the Court Fees Act has no application where the valuation is made by the Court for the purpose of determining the question whether the suit is within the pecuniary limits of the Courts jurisdiction. All the authorities have been reviewed by Mookerjee and Holmwood, JJ., and I entirely agree with the decision, which is in accordance with the view taken by this Court in Annamalai Chetti v. Cloete 4 M. 204 : 1 Ind. Dec. (N.S.) 977 and Kanaran v. Komappan 14 M. 169 : 5 Ind. Dec. (N.S.) 120.

4. I set aside the decree of the lower Court and direct it to dispose of the appeal according to law. Respondents will pay appellants costs.