The Full Bench of this Court in Kazi Syed Saifuddin (supra) has
held that once a suit is valued and jurisdiction of the Court is determined
when the suit is instituted, same would be the valuation for the subsequent
proceedings in the suit. Said valuation would govern the appeal and for the
purposes of forum of appeal same criteria would apply. It was further held
that the forum of appeal is determined with reference to value of the suit and
not the amount decreed. Jurisdiction is determined by valuation in the plaint
and not by result of the suit. The law as laid down by the Full Bench has
been referred to in Dilip Khasbage (supra) while holding that valuation for
the purposes of jurisdiction and court fees are two different factors.
Similarly in Sagar Sakhare (supra) same view has been taken following the
law laid down by the Full Bench. The Supreme Court in Nemi Chand
(supra) has held that a memorandum of appeal has to be stamped according
to value of the subject matter of dispute in appeal and the relief claimed in
the memorandum of appeal determines the value of the appeal for purposes
of court fee.
It is thus obvious that what is material is the valuation of the suit
in the plaint and the jurisdiction has to be determined in that context. Result
of the suit would not govern determination of forum of the appeal.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.5828 OF 2014
Dr Pramod Prakashchandra Banait, vs Dr Avinash Prakashchandra Banait
CORAM : A.S.CHANDURKAR, J.
DATED: SEPTEMBER 09, 2015.
Citation:2016(3) MHLJ 809:2016(4) ALLMR 249
Print Page
held that once a suit is valued and jurisdiction of the Court is determined
when the suit is instituted, same would be the valuation for the subsequent
proceedings in the suit. Said valuation would govern the appeal and for the
purposes of forum of appeal same criteria would apply. It was further held
that the forum of appeal is determined with reference to value of the suit and
not the amount decreed. Jurisdiction is determined by valuation in the plaint
and not by result of the suit. The law as laid down by the Full Bench has
been referred to in Dilip Khasbage (supra) while holding that valuation for
the purposes of jurisdiction and court fees are two different factors.
Similarly in Sagar Sakhare (supra) same view has been taken following the
law laid down by the Full Bench. The Supreme Court in Nemi Chand
(supra) has held that a memorandum of appeal has to be stamped according
to value of the subject matter of dispute in appeal and the relief claimed in
the memorandum of appeal determines the value of the appeal for purposes
of court fee.
It is thus obvious that what is material is the valuation of the suit
in the plaint and the jurisdiction has to be determined in that context. Result
of the suit would not govern determination of forum of the appeal.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.5828 OF 2014
Dr Pramod Prakashchandra Banait, vs Dr Avinash Prakashchandra Banait
CORAM : A.S.CHANDURKAR, J.
DATED: SEPTEMBER 09, 2015.
Citation:2016(3) MHLJ 809:2016(4) ALLMR 249
