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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Nath Tilhari, Nyapathy Vijay
Chennapatnam Muralinath – Appellant
Versus
Shaik Nazer Ahammed – Respondent
| Table of Content |
|---|
| 1. specific performance of sale agreement. (Para 2 , 3) |
| 2. district court's pecuniary jurisdiction issue. (Para 4 , 5) |
| 3. court fees determine jurisdiction. (Para 6 , 7) |
| 4. jurisdiction based on highest relief valuation. (Para 8 , 9) |
| 5. pecuniary jurisdiction specified in civil law. (Para 10 , 11 , 12) |
| 6. legislation verses judicial precedents. (Para 13) |
| 7. determining jurisdiction and claims for court-fees. (Para 14 , 15 , 16) |
| 8. jurisdiction affirmed based on relief valuation. (Para 17 , 18) |
| 9. power to amend plaint for further claims. (Para 19 , 20) |
| 10. specific relief act provisions on claims. (Para 21) |
| 11. specific relief act allows alternative claims. (Para 22 , 23) |
| 12. rules on claims and their specificity in lawsuits. (Para 24 , 25 , 26 , 27 , 28) |
| 13. conformity to procedural laws in claims. (Para 30 , 31 , 32 , 33) |
| 14. conclusions on suit jurisdiction and claims. (Para 34) |
JUDGMENT :
NYAPATHY VIJAY, J :
This appeal is filed under Order 43 Rule 1 C.P.C., questioning the order dated 20.03.2024 in CFR No.106 of 2023 in an un-numbered OS No. of 2024 passed by the III Additional District Judge, Kurnool at Nandyal.
2. The relevant facts are as under :
A plaintiff can seek both specific performance and alternative relief for refund in a single suit; jurisdiction is based on the higher relief's valuation under the A.P. Civil Courts Act.
Section 22 of the Specific Relief Act allows the plaintiff to seek the refund of earnest money or deposit at any stage of the proceeding and overrides the Code of Civil Procedure in permitting amendm....
The main legal point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
Section 22 of the Specific Relief Act permits amendments to include claims for refund of earnest money at any stage, overriding limitations in the CPC.
The plea of bar under Order II Rule 2 CPC prohibits a second suit for specific performance if based on the same cause of action previously omitted, and the suit is also barred by limitation under Art....
The maintainability of a suit for specific performance is barred under Order 2 Rule 2 CPC if a plaintiff omits to claim it in an earlier suit concerning the same cause of action.
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