C O M M O N O R D E R

Heard both the sides.

2. Since the issue involved in all the three revisions is connected and the result in C.R. P. No.2434/2005 depends on the other two revisions, they are being disposed of by this common order.

3. Aggrieved by the common order dated 22.12.2004 passed by the court of Principal District Judge, Kadapa in Check Slip Nos.1 and 2 of 2004, C.R.P.No.2434/2005 is filed and the other two revisions are filed aggrieved by the order of the court below in refusing to extend further time for payment of court fee.

4. By the impugned order, the court below directed the plaintiffs to pay the court fee separately under Section 24(d) of the A. P. Court Fees and Suits Valuation Act, 1956 (for short ‘the Act’) for the relief of declaration of the sale deeds dated 17.1.2004 executed by defendants 3 and 5 in favour of defendants 10 to 16 as null and void and further directed the plaintiffs to pay the court fees separately for two reliefs under Section 26 i.e. for the relief of permanent injunction against 1 to 9 restraining them from interfering with the management and administration of South Andhra Luthern Church; and to grant injunction against defendants 10 to 16 restraining them from interfering with the peaceful possession and enjoyment of the suit property by the plaintiffs. Aggrieved by the same, C.R.P.N0.2434/2005 is filed.

5. From the material on record it could be seen that the plaintiffs filed the suit in a vacation court seeking following reliefs;

1. To declare the plaintiffs group as duly elected governing body of South Andhra Luthern Church;

2. to declare the registered sale deeds dated 17.1.2004 executed by the third and fifth defendants in favour of defendants 10 to 16 as void;

3. to grant permanent injunction against defendants 1 to 9 restraining them and their men or followers from in any way interfering with the management and administration of South Andhra Luthern Church by the 1st and 3rd plaintiffs and other elected body as Bishop, Vice President and Treasurer and who also represent trust board of South Andhra Lutheern Church and defendants 10 to 16 and their men and followers restraining them from in any way interfering with peaceful possession and enjoyment of the suit schedule property;

4. to grant costs of the suit;

5. to grant any such other further reliefs as the Hon’ble Court may deem think fit and proper in the circumstances of the case and in the interest of justice.

6. The plaintiffs valued the suit at Rs. 1,00,00,000/- for the purpose of jurisdiction under Section 50(2) of the Act and claiming that the relief claimed in the suit falls under Section 92 of C.P.C., the plaintiffs paid a court fee of Rs.50/- under Section 44 of the Act. Subsequently, the court below issued check slip No. 1/2004 directing the plaintiffs to value the reliefs 1 and 2 under Section 24(d) of the Act and to separately value the 3rd relief of permanent injunctions, as two relief were clubbed under one relief. Further during inspection by an Hon’ble Judge of this court, as it was found that deficit court fee was paid by the plaintiffs, the plaintiffs were directed to value the suit as directed by the court below. Therefore, the second check slip no.2/2004 was issued. Plaintiffs filed objections stating that whether the suit falls within the ambit of Section 92 of C.P.C. or not, is a mixed question of fact and cannot be decided at the threshold and the same can be decided during the conclusion of trial. On the other hand the learned Government Pleader supported the objections of the court below. He further contended that since the relief to declare the sale deeds as null and void, falls under Section 37 of the Act, the court fee has to be paid under that Section. He also contended that the relief of declaration is not maintainable in civil court and such relief can be granted under Section 23

of the A.P. Societies Registration

Act.

Click Here to Read the rest of this document