1930 (10) TMI 20 - HC - Indian Laws

Petitioner Granted Right to Appeal to His Majesty in Council Due to High Dispute Value and Non-Affirmed Decree.

P.R.M.P.R. Perichiappa Chettiar Versus Nachiappan

The High Court determined that the petitioner is entitled to appeal to His Majesty in Council under Section 110, Civil P.C., as the value of the subject ... - Issues Involved:1. Right of appeal to His Majesty in Council under Section 109(a), Civil P.C.2. Exceptions to the right of appeal under Section 110, Civil P.C.3. Interpretation of 'affirming decree' under Section 110, Civil P.C.4. Calculation of the value of the subject matter for appeal purposes.5. Substantial question of law requirement for appeal.Detailed Analysis:1. Right of Appeal to His Majesty in Council under Section 109(a), Civil P.C.Section 109(a), Civil P.C., grants a right of appeal to His Majesty in Council from any decree made on appeal by a High Court. This right is qualified by Section 110, which introduces exceptions to this right.2. Exceptions to the Right of Appeal under Section 110, Civil P.C.Section 110, Civil P.C., introduces two exceptions to the right of appeal under Section 109(a):- No appeal if the amount or value of the subject matter of the suit in the Court of first instance or in dispute in the proposed appeal is less than Rs. 10,000, and the decree does not involve directly or indirectly some claim or question to or respecting property of that amount or value.- No appeal if the decree of the High Court affirms the decision of the Court immediately below the High Court and the proposed appeal does not involve any substantial question of law.3. Interpretation of 'Affirming Decree' under Section 110, Civil P.C.The interpretation of an 'affirming decree' has been debated. Initially, the Calcutta High Court held that even if a decree was modified on appeal, it was still considered an affirming decree if it agreed with the lower court's decision on certain parts. This view was challenged and shown to be incorrect by the Judicial Committee. The current interpretation, as discussed, is that if the High Court's decree does not entirely affirm the decision of the lower court, it is not an affirming decree within the meaning of Section 110, Civil P.C.4. Calculation of the Value of the Subject Matter for Appeal PurposesIn this case, the value of the subject matter in the Court of first instance and in the proposed appeal is over Rs. 10,000. The petitioner valued the claim at Rs. 40,000, and the amount in dispute on appeal to His Majesty in Council is more than Rs. 20,000. The High Court's decree reduced the amount decreed by the trial court by about Rs. 4,000, and the cross-appeal was dismissed except for a small amount. Therefore, the value of the subject matter for the appeal exceeds Rs. 10,000.5. Substantial Question of Law Requirement for AppealThe petitioner argued that the value of the subject matter in the suit and the proposed appeal is upwards of Rs. 10,000, and since the High Court's decree did not affirm the trial court's decision, a certificate for appeal should be granted as a matter of right. The respondent contended that the dispute related to various items in the account, none of which exceeded Rs. 10,000, and that the High Court affirmed the trial court's findings on most items. However, the Privy Council's decision in Annapurnabai v. Ruprao clarified that if the decree does not affirm the decision of the trial court, the petitioner is entitled to appeal without needing to prove a substantial question of law, provided the value criteria are met.Conclusion:The High Court concluded that the petitioner is entitled to leave to appeal to His Majesty in Council under Section 110, Civil P.C., as the value of the subject matter in dispute exceeds Rs. 10,000, and the High Court's decree did not affirm the trial court's decision. A certificate will be issued to the petitioner accordingly.