P.P. Bhatt, J. - (1.) 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 Smt. Sumitra Devi & Ors. Vs. Jahnvi Prasad Sah reported in : AIR 1995 Pat. 202 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.
(2.) 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.;