1981 Supreme(MP) 230

P.D. Mujye, J.
Shriram Trading Corp. v. M. P. E. B. Indore.
C. Revn. No. 851 of 1978 (I); Decided on 31-3-1981.

Headnote:(1) Civil P.C., 1908-S. 115, O.7, R.10, O.7, R.10-A and O.43, R.1 (a)-order under O.7, R.10 passed-Court should follow provisions under O.7, R.10-A-order returned of plaint under O.7, R.10 being appealable under O.43, R.1 (a)d`revision not maintainable.

        (2) Court-fees Act, 1870-S. 7(iv) (c)-plaintiff seeking avoidance of payment of Rs. 19000,00/- should pay advalorem Court-fees on full amount.

        (3) Jurisdiction-money sought to be avoided by injunction suit-proper valuation for purposes of jurisdiction is tire actual amount sought to be avoided.

       

        The defendants raised a preliminary objection regarding the jurisdiction of the trial Court as also the Court-fees paid on the relief sought as according to the defendants the valuation of the amount to be recovered being Rs. 19,612.87p was beyond the pecuniary Jurisdiction of the trial Court and that the principal relied in the garb of injunction being to save the recovery of the aforesaid amount, the plaintiff ought to have paid advalorem Court-fees thereon.

        The learned trial Court by the impugned order decided both the preliminary issues regarding payment of Court-fees and jurisdiction against the plaintiffs and also directed the return of the plaint for presentation to the proper Court which has led to the filing of this revision petition.

        Held: It is no doubt true that the plaintiff is at liberty to value his claim according to the reliefs sought for by him. But when the plaintiff in the garb of injunction wants to avoid the liability, the plaintiff is bound to value the claim accordingly so far as jurisdiction and payment of Court-fees are concerned. Admittedly the jurisdiction of the Civil Judge class II, new is up to Rs. 10,000 and the liability which the plaintiff wants to avoid being Rs. 19,612.87p. is obviously beyond the pecuniary jurisdiction of the Civil Judge Class II and he is bound to pay the Court-fees on that amount because where the relief sought itself has a real money value which can be objectively ascertained, that value is the value of the relief and any other value ascribed to It is arbitrary and unreasonable. Therefore in the present case when the plaintiff is made liable under a contract, the value of the relief is the extent of the loss, to which but for the suit he would be subjected and from which he wants to be relieved, he has to pay advalorem Court fees and fire the suit in the competent court which has jurisdiction to try the same as has been held by a Division Bench decision of this Court is 1963 JLJ 674 (Badrilal Bholaram v. State of M.P.). Besides a perusal of the impugned order clearly indicates that it has been ordered returns of the plaint for presentation to the proper Court. Against such an order Misc. Appeal under Order 43, Rule 1(a) CPC is maintainable. But the applicant has not filed any such appeal. The attention of the learned trial Court is also invited to the provisions of Order 7, Rule 10-A CPC. 1963 JLJ 674, relied on. Revisional dismissed.