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january 1990

Supreme Court of India · 1990-01-12

BHANWAR LAL vs SMT. PREM LATA & ORS.

Citation / case number
SC 1990/77143
Court
Supreme Court of India
Petitioner
BHANWAR LAL
Respondent
SMT. PREM LATA & ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 21(1)(a) of the Rajasthan Civil Courts Ordinance, 1950, the District Court has jurisdiction to entertain appeals only for decrees valued up to Rs.10,000. In this case, the District Court's decree for restitution of property was valid despite the valuation of the property being set at Rs.15,000, as the suit aimed to declare the earlier decree of Rs.5,557.10 invalid. The Court clarified that the valuation for the purpose of the suit under Order 21 Rule 63 CPC is determined by the amount in dispute, not the value of the property sold in execution, thus allowing the execution of the decree for restitution.

BHANWAR LAL vs SMT. PREM LATA & ORS. · Niyam