I.P. Mukerji - (1.) A very interesting point of law is involved in this appeal. Section 21(1)(a) & (b) of the Bengal, Agra and Assam Civil Courts Act, 1887 in its application to the State of West Bengal provides as follows:- "21.1. Appeals from Civil Judge (Senior Division) and Civil Judges (Junior Division). (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed sixty thousand rupees, and (b) to the High Court in any other case."
(2.) The position is like this. If the value of the original suit did not exceed Rs.1,50,000/-, an appeal from a decree passed therein would lie to the District Judge. If the original suit was valued at more than Rs.1,50,000/- an appeal would lie to the High Court.
(3.) The respondents in this appeal filed a suit in the Court of the learned Civil Judge (Senior Division), 3rd Court, Howrah (TS No. 80 of 2007) claiming a declaration regarding their right, title and interest in Premises No. 13 and 14/7, Nabin Senapati Lane, P.S- Shibpur, District - Howrah and for partition thereof. The suit was valued at Rs.1,00,051/-. The defendant appellant filed a counter claim with his written statement claiming 1/4th share mentioned in each of the properties in Schedule A, a declaration that the Deed of Gift dated 14th April, 2007 was void and so on. This counter claim was valued at Rs.10,00,000/-.;