IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.168 of 2010 Panna Lal Sah Versus Raghuwar Saran ---------------------------------- 4. 12.09.2011 This first appeal has been listed under the heading ‘To be mentioned’ at the instance of the appellant. It appears that the Eviction Suit No. 191 of 2002 was filed by the plaintiff respondent for eviction of the defendant appellant from the suit premises on the ground of default as well as expiry of lease. The said eviction suit was decreed by the court below. Against the said decree the appellant filed Civil Revision No. 533 of 2010. By terms of the order dated 1.7.2010 this court directed the appellant to file appeal before the District Judge as the valuation of the suit is less than Rs.2,00,000/-. However, because of some confusion the appellant filed this appeal before this Court as the trial court had decreed the suit and directed the appellant to deposit arrears of rent from the year 1999 and on calculation the valuation of the appeal became more than Rs.2,00,000/-. In Smt. Sumitra Devi Vs. Jahnvi Prasad Shahi 1994 (1) PLJR 369 a Division Bench of this Court has held that the valuation of the suit as given in the plaint will determine the forum of appeal and not the amount adjudicated by the Court in the decree. 2 Admittedly, in the present case, at our hand the valuation of the suit has been given in the plaint as Rs.84,000/- only. In another decision reported in 2000 (1) PLJR 215 Most. Jageshwari Devi and others Vs. Bindeshwari Devi and others this Court again considering the provisions of Section 21 of Bengal, Agra and Assam Civil Courts Act, 1887 held that for the purpose of determining the jurisdiction/forum of the appeal arising out of any decree or order it is the valuation of the original suit which will determine the jurisdiction/forum whether the decree or order has been passed in the original suit or any proceeding arising out of such suit. In view of the above settled principles of law as the valuation of the suit is only Rs.84,000/- in my opinion this appeal should have been filed by the appellant before the District Judge. The learned counsel appearing on behalf of the appellant submitted that the memo of appeal may be returned to him so that he will present the appeal before the District Judge, Betiah within one week from the date of receiving the memo of appeal. Since the valuation is only Rs.84,000/- the office is directed to return the memo of appeal, the judgment and decree under appeal, vakalatnama court fee and also interlocutory applications filed by the appellant before this court for proper presentation before the proper 3 forum within one week. The learned counsel Mr. Umesh Chandra Verma shall receive the memo of appeal and the documents as stated from the office within one week and thereafter present it within next one week. If the memo of appeal is presented within one week from the date of receipt of the same from here then the court concerned shall hear the stay application i.e. I.A. No. 228 of 2011 immediately. Till the disposal of the stay application i.e. I.A. No. 228 of 2011 the Execution Case No. 1 of 2010 pending in the Court of Subordinate Judge-4th West Champaran, Betiah shall remain stayed. The appellant is directed to press the said interlocutory application within one week from the date of presentation of memo of appeal before the court concerned. If it is not pressed within the said one week this stay order will automatically stand vacated. However, any limitation application will be filed by the appellant the learned court below shall consider the fact that the appellant has filed this appeal bona fidely before this Court and shall dispose of the said limitation application according to law. With the above observations, this appeal is disposed of. S.S. (Mungeshwar Sahoo,J.)