The Court below has passed the impugned order without notice to the respondents. There is no need to issue notice to the respondents in the circumstances. The right of the respondents are not in anyway affected by the order proposed to be passed.
2. It is trite law that the date of filing of the suit decides the forum and the appellate forum is dependent on the valuation of the share of the plaintiff. The share of the plaintiff in the instant case is Rs. 3,00,000/- and therefore the appeal suit would lie to this Court only. The pecuniary jurisdiction of the District Court was enhanced from Rs. 2,00,000/- to Rs. 20,00,000/- with effect from 06.05.2013 only. But the suit was instituted on 04.12.2009 in the Court below long before the amendment to the Civil Courts Act.
3. The impugned order is set aside and the Court of the Additional District Judge - V, Palakkad is directed to return A.S. No. 98/2014 to the petitioner/appellant forthwith. The same is C.R.P No. 421 of 2014 2 for the purpose of re-presenting the appeal suit in this Court ofcourse accompanied by a petition for condonation of delay if necessary.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH JUDGE DCS