High Court Kerala High Court

M/S. Hycount Plastics And … vs M/S. Kerala Agro Industries … on 24 June, 2009

Kerala High Court
M/S. Hycount Plastics And … vs M/S. Kerala Agro Industries … on 24 June, 2009
       

  

  

 
 
  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.