- (1.) The plaintiff-applicant has approached this Court assailing order dated 1 December 2015, passed in Civil Appeal No. 7 of 2015 rejecting the contention of lack of pecuniary jurisdiction of the appellate court.
(2.) It is contended by the learned counsel for the applicant-plaintiff that the appellate court would lack jurisdiction to entertain the appeal being under valued at 5 lakhs rupees. The valuation of the appeal should have been valued at 15 lakhs rupees i.e. 5 lakhs rupees for suit and 10 lakhs rupees for the counter claim.
(3.) The applicant instituted a suit being Original Suit No.247 of 2003 (Ashok Kumar Singh Senger Vs. Om Prakash Chaturvedi and others) for permanent injunction and to declare the sale deed dated 22 November 2003 a void document. The suit was valued at 5 lakhs rupees i.e. half of the sale price of the alleged sale deed as the applicant claimed title over half of the suit property. The first and second respondents contested by filing written statement and a counter claim was sought seeking possession and damages of the disputed property. The counter claim was valued at 10 lakhs rupees i.e. value set forth in the sale deed. The suit was decreed by the trial court declaring half of the sale deed to be void, further, first and second respondents were restrained from taking possession without partition of the suit property, thus, rejecting their counter claim; aggrieved, respondents preferred an appeal before the District Judge, Jalaun at Orai valuing it at 10 lakhs rupees, thereafter, the appeal was withdrawn on the statement of the counsel. Upon reinstitution, the appeal was valued at 5 lakhs rupees as the appeal was directed against the judgement and decree of the suit. The respondents did not challenge dismissal of their counter claim in appeal. The applicant, therefore, filed an application contending that the appeal being under valued at 5 lakhs rupees, whereas, the valuation of the appeal should be 15 lakhs rupees.;