MADRAS HIGH COURT
MR.S.R.CHARLES BALAVENDAR – Appellant
Versus
MRS.L.AMALARANI – Respondent
O R D E R
The order under challenge in the present revision is for rejection of the petitioner's application under Order VII Rule 11(b)
of Civil Procedure Code.
2. The only ground raised by the learned counsel for the petitioner is that the real value of the suit property is more than Rs.6 Crores and as such, the learned XIV Assistant Judge, City Civil Court, Chennai may not have pecuniary jurisdiction to try the suit.
3. According to the learned counsel for the petitioner, the valuation of the suit is distinct for the purpose of payment of Court fees and for determining the pecuniary jurisdiction. By relying upon the judgment of Privy Council reported in [1918 AIR (PC) 188 – Rachappa Subrao Jadhav Deta v. Shidappa Venkatrao Jadhav Desai], the learned counsel submits that the notional value of the property cannot displace the real value for the purpose of determining the pecuniary jurisdiction. He would also reply upon the judgments of the other High Courts reported in (i) AIR 1932 ALL 413 – Inayat Husain v. Bashir Ahmad and another (ii) AIR 2002 CHHATTISGARH 7 – Bhupendra Singh Babara and another v. Municipal Council, Ambikapur and another and (iii) AIR 1940 Cal 375 – Iswar Chandra Sa
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