Suraj Kumar and Another vs Punjab National Bank and Another

P.P. Bhatt, J.—The office has raised objection with regard to maintainability of the instant First Appeal on the ground that the valuation of appeal mentioned in page 2 of memo is Rs. 1,23,545/- hence the pecuniary jurisdiction of the instant first appeal has to be before the court of District Judge. I have perused a decision given in a case of Srimati Sumitra Devi and Others Vs. Jahnvi Prasad Sah where in it has been specifically held that as per Section 8 of Suit Valuation Act, value as determinable for the purpose of computation of court fee shall be value of purpose of jurisdiction. It is also held that in a suit for resolution of partnership and render of accounts, valuation given in plaint would determine forum of appeal and not amount for which a decree be passed by trial court.

In the instant case also the valuation given in plaint was Rs. 3,16,774/- hence the first appeal is maintainable before this court. In view of the above decision, the office objection raised regarding maintainability of the aforesaid appeal shall not be sustainable.