IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No 7577 of 1999
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RAYMON GLUES & CHEMICALS
Versus
GEB
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Appearance:
1. First Appeal No. 7577 of 1999
MR PARESH M DAVE for Petitioner No. 1
MR RS SANJANWALA for Petitioner No. 1
NOTICE SERVED for Respondent No. 1
MR MD PANDYA for Respondent No. 2
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CORAM : MR.JUSTICE D.P.BUCH
Date of Order: 11/01/2002
ORAL ORDER
#. The learned advocate for the appellant states that
though the judgment and decree appealed against have been
recorded by the learned Civil Judge (S.D.) the matter has
come from Special Civil Suit No.77/1986 having the claim
for Court fees at Rs.300/- and the claim for jurisdiction
at Rs.21,000/-.
#. Under the provisions made in Bombay Civil Courts’
Act, 1869 the jurisdiction of the Appellate Court has
been determined according to which when the valuation of
the suit is upto Rs.50,000/- then the appeal would lie
before the the District court and if the jurisdiction is
above the said amount the appeal would lie here. In the
present case, the valuation of the suit for the purpose
of jurisdiction is shown at Rs.21,000/- and the said
matter has been disposed by the said Court on 30.8.1999
and at that time the jurisdiction to hear the appeal was
with the District Court and, therefore, the appellant was
required to prefer the appeal there.
#. In above view of the matter, the learned advocate for
the appellant seeks permission to withdraw the appeal
with a view to file a fresh appeal before the District
Court, Baroda..
#. In above view of the matter, this appeal is ordered
to be disposed of as withdrawn. No order as to costs.
( D. P. BUCH, J. )
kks