- (1.) This first appeal from order is styled as an appeal Under Section 6A of the Court Fees Act. It arises out of an order passed by the Munsif on the 7th of August, 1951 by which the Munsif held that the two houses in suit should have been valued at Rs. 6,130 and this together with Rs. 900 claimed by the Plaintiff for mesne profits would bring the entire valuation to a sum of Rs. 7,030. Upon that finding the Munsif directed that the plaint be returned to the Plaintiff for presentation before the proper court as the suit was outside the pecuniary jurisdiction of the Munsif.
(2.) An appeal Under Section 6A of the Court Fees Act is competent only when a person is called upon to make good the deficiency in court fee That is not the order which has been passed by the Munsif In a case of this nature if a matter is undervalued and an objection is raised that the court-fee paid is insufficient and the court has no jurisdiction to entertain the suit, the court must proceed to determine the correct valuation of the suit. If the court reaches the conclusion that the suit is under valued, the plaint must be returned for presentation to proper court. The court will not have jurisdiction in such cases even to ask the Plaintiff to pay the deficient court fee before returning the plaint. The appeal cannot therefore be construed to be an appeal Under Section 6 A of the Court Fees Act. An appeal would, however, lie against the impugned order Under Section 104 of the Code of Civil Procedure read along with Order 43, Rule 1(a) of the Code. The order returning a plaint for prosecution to proper court is an order Under Rule 10 of Order 7 and such an order is appealable under the provisions stated above. Having regard, however, to the provisions of Section 106, Code of Civil Procedure which says that where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made. The appeal cannot be entertained by this Court. The order of the Munsif was appealable before the District Judge. Consequently the memo of Appeal would be construed to be an appeal Under Order 43, Rule 1 of the Code read with Section 104 and the memo must be returned to the Appellants for presentation to proper court. The Respondents shall have their costs in this Court from the Appellants.;