IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 299 of 2006()
1. M/S. HYCOUNT PLASTICS AND CHEMICALS,
... Petitioner
Vs
1. M/S. KERALA AGRO INDUSTRIES CORPN. LTD.,
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :SRI.P.B.SURESH KUMAR
For Respondent :SRI.A.M.SHAFFIQUE (SR.)
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :24/06/2009
O R D E R
P.R. RAMAN & P. BHAVADASAN, JJ.
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F.A.O. No. 299 of 2006
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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.