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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN
Muhammad Kutty Haji Son Of Chenganakkattil Alavi Haji – Appellant
Versus
Abdul Rasheed Son Of Chenganakkattil Muhammad Kutty Haji – Respondent
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| Table of Content |
|---|
| 1. maintains that valuation affects jurisdiction in appeal. (Para 1 , 2) |
| 2. outlines procedural steps for addressing appeal defects. (Para 3 , 4) |
JUDGMENT :
1. The Regular First Appeal is preferred, challenging the common judgment and decree in O.S No.151 of 2022 on the file of the Sub Court, Manjeri. The Registry of this Court noted a defect, pointing out that since the valuation of the suit, which was filed after 06.05.2013, is Rs.7.5 lakhs (i.e., less than Rs.20 lakhs), whether the RFA is maintainable before this Court. The Registry also noted that there is a delay of 12 days in filing the appeal and no application to condone delay is filed. The learned counsel for the appellant answered the defects as follows:
“i. The suit OS 151/2022 is tried jointly with OS 126/2022 by the Honourable Sub Court, Manjeri as per order in OP (Transfer) 240/2024 by the Honourable District Court, Manjeri and appeal against OS 126/2022 is filed before the Honourable High Court of Kerala vide Efile Number: EF-HCK-2026-001566. Since appeal against suit OS 126/2022 is filed before the Honorable High Court of Kerala as its valuation is above Rupees Twenty Lakhs the appeal against this suit O
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....
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....
First appeal is a valuable right of appellant and therein all questions of fact and law are open for consideration by reappreciating material and evidence.
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.
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