K.JAYACHANDRA REDDY, PANDURANGA RAO
Satyanarayana – Appellant
Versus
Om Prakash – Respondent
( 1 ) WHETHER the language in Sec. 11 (2) of the A. P. Court Fees and suits Valuation Act VII of 1956 (hereinafter referred to as the act ) directing that "all questions arising on such pleas shall be heard and decided before the hearing of the suit" is mandatory or only a directory is the question involved in this revision petition. Since this question is of general importance, the learned single Judge has referred the same to a Division bench. The lesrned single Judge Madhava Reddy, J (as he then was) in the order of reference has also noted that there is a conflict of opinion between andrew Chalmera Internationals Ltd. , England vs. Indian Tobacco Suppliers (Pvt.) Ltd Chilakaluripet and Subrahmanyam vs. C. Venkataramana and therefore it is necessary to have an authoritative pronouncement on the question.
( 2 ) IN O. S. No. 959 of 1980 on the file of the II Addl. Judge, Citycivil Court, Hyderabad, the second defendant filed a petition under Sec. 11 (2) of the Act read with Order XIV Rule 2 (b) and Section 151 of the Code of Civil Procedure praying to decide the issue relating to the valuation of the suit and quantum of court-fee payable in the suit as a pre
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