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2005 Supreme(AP) 1018

C.Y.SOMAYAJULU
Biragimut, rep. by Executive Officer, Nellore – Appellant
Versus
Noone Mallikarjuna – Respondent


( 1 ) A petition for amendment of his written statement filed by the petitioner was returned by the office of the trial Court on the following grounds:- (1) How this petition is maintainable shall be stated. (2) Notice to be given to the other side. It was represented with the following endorsement: "question of pecuniary jurisdiction goes to the root of the matter and can be raised any time and Order 7 Rule 10 (1) is an indication thereof. For the valuation adopted in the plaint being upward of rs. 5,00,000/-, this suit should have been filed in District Judge s Court. Hence, the objection to jurisdiction being vital, the petition is maintainable. "office of the trial Court again returned the petition with the following endorsement:"how this petition is maintainable when the order pronounced on 9-8-2000 on merits on the file of the I Additional district Judge, Nellore, shall be stated. "it was represented with the following endorsement:"the learned Additional District Judge did not go into pecuniary jurisdictional aspect at all. It was not properly urged. The order dated 9-8-2000 took into view endowments Act and did not consider as on that date the Sub-Court could have entertaine







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