IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 FAO.No. 299 of 2006() --------------------- OS.333/2004 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT/PLAINTIFF ---------------------------------- M/S. HYCOUNT PLASTICS AND CHEMICALS, KOLLAM, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, A.THANGAL KUNJU, ODAPPALLIL, PUNNATHALA P.O., THIRUVANANTHAPURAM, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENT(S): DEFENDANTS: ----------------------------------------------- 1. M/S. KERALA AGRO INDUSTRIES CORPN. LTD., KISAN JYOTHI, FORT, THIRUVANANTHAPURAM-695 023, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, M/S. KERALA AGRO INDUSTRIES CORPORATION LTD., KISAN JYOTHI, FORT, THIRUVANANTHAPURAM-695 023. ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE FOR R1 SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 299 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2009. JUDGMENT Bhavadasan, J, An order directing return of the plaint to be presented before the proper court is challenged in this appeal. 2. The suit was one for money. Initially the plaintiff laid the suit for Rs.2,19,281/- with interest etc. While so, two payments were made by the defendant and after adjusting the same, as on 3.7.2006 the amount due to the plaintiff from the defendant was Rs.1,20,325/-. Therefore the plaintiff sought an amendment of the plaint limiting the balance claim of Rs.1,20,325/-. 3. It appears that the defendants filed written statement and pointed out that there were other payments made by them and contended that the balance amount due from them is only Rs.33,813/-. It was also pointed out by them that at any rate the amount that is liable to be paid will come only to Rs.64,781/- and the suit is not maintainable before the Sub Court, Kollam. 4. Strangely enough, the court below went on to adjudicate the issue and finds that an amount of Rs. 69,781/- alone is F.A.O. 299/2006. 2 due and directed return of the plaint for presentation before the proper court. 5. One is unable to understand the logic and rationale behind the order passed by the court below. It is trite that the jurisdiction of the court is determined with reference to the allegations in the plaint and valuation made in the plaint. The exercise of adjudicating the amount due and then determining the jurisdiction of the court is unheard of. 6. Learned counsel appearing for the respondents was unable to support the order of the court below. The order of the court below is therefore clearly unsustainable both on facts and in law. Accordingly, the order is set aside and the Sub Court, Kollam is directed to take the plaint on file and dispose of the suit in accordance with law as expeditiously as possible. There will be no order as to costs. Parties will appear before the court below on 29.7.2009. P.R. Raman, Judge P. Bhavadasan, Judge sb.