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1993 Supreme(AP) 218

S.S.M.QUADRI
Oruganti Bhaskara Rao – Appellant
Versus
Angara Saibabu – Respondent


S. S. M. QUADRI, J.

( 1 ) THE plaintiffs in O. S. No. 668 of 1980 on the file of the IV Additional District Munsif, Visakhaparnam, are the petitioners in this Civil Revision Petition. The suit was filed for declaration and injunction in respect of the suit property against the first defendant in 1980, On 24-12-1982 the petitioners impleaded the second defendant. The second defendant filed his written statement on 3-3-1987. In the written statement he took the plea that the plaintiffs had under valued the suit and if the suit is valued on the basis of the market value as in 1980, the Court would not have pecuniary jurisdiction to try the suit. On the basis of that plea, three additional issues were framed on 12-3-1987, of which issue No. 2, which is relevant for purposes of this revision, is as follows:-"whether the court fee paid is not correct and this Court has no jurisdiction?"thereafter, the second defendant filed I. A. No. 190 of 1987 to give a finding on additional issue No. 2, which touches upon the pecuniary jurisdiction of the Court The trial Court considered the issue and recorded the finding that the valuation given by the plaintiffs was not correct and that if the suit i












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