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2018 Supreme(AP) 882

A.RAJASEKHAR REDDY
Pottem Ashok Kumar – Appellant
Versus
T. Chidambar – Respondent


Advocates Appeared:
For the Appellant : E.V.V.S. Ravi Kumar

ORDER :

A. Rajasekhar Reddy, J.

1. Revision petitioner is the plaintiff. He filed the suit in OS (SR) No. 6034 of 2018 on the file of Principal Senior Civil Judge, Tirupathi, for declaration of title and perpetual injunction. As the Sub-Registrar, Renigunta did not issue the market value certificate, he notionally assessed the value of the suit schedule property at Rs. 10,00,000/- and paid the Court fee as per the said notional value. The Trial Court, while not accepting the notional value assessed by the plaintiff for the purpose of payment of Court fee under Section 24(b) of Andhra Pradesh Court Fee and Suits Valuation Act, 1956 (for brevity 'the Act'), returned the plaint with the following endorsement, by granting fifteen days time:

    "This Court considered the plaint averments only to accept the valuation and returned the plaint to file market value certificate in order to take decision on the jurisdiction of this Court, basing on the certificate of the market value under Section 24(b) of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956. Explain how Court can accept the notional value fixed by the plaintiff under Section 24(b)."

Aggrieved by the above endorsement, the p

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