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2002 Supreme(AP) 1258

T.CH.SURYA RAO
Maddi Bal Reddy – Appellant
Versus
Merugu anthamma – Respondent


T. SURYA RAO, J.

( 1 ) THE revision petitioners assail the order dated 12. 8. 2002 passed by the learned Principal Junior Civil Judge, bhongir in O. S. No. 299 of 2000 as regards the proper Court fee to be paid on the plaint. The revision petitioners are the plaintiffs who seek to file the suit in O. S. No. 299 of 2000 for cancellation of the decree in O. S. No. 134 of 1987 passed by the learned Principal District Munsif, bhongir. The earlier suit in O. S. No. 134 of 1987 was filed on 28. 4. 1987 for declaration of title in respect of dry land measuring 30-00 acres. The said suit was decreed on 19. 4. 1988. Basing upon the knowledge of the decree, the plaintiffs who are not the parties thereto are now impugning the said decree in the present suit. In the process, they valued the suit at the rate at which the property was valued in the former suit. On an objection taken by the defendants about the inadequacy of the valuation in the present suit, the Court below after having heard either side passed the impugned order. The Court below was of the view that the plaintiffs should value the suit as per the market value of the subject matter of the earlier decree.

( 2 ) THE learned Counsel





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