JUDGMENT :

This appeal arises out of the order dated 01.09.2006 passed by the Addl. Civil Judge (Sr.Dn.), Ballari, dismissing I.A.No.2 and rejecting the plaint in O.S.No.83/2004 with a prayer to set aside the order passed on 27.09.2005 and directing the trial Court to restore the suit to its original file.

2. The appellant is plaintiff before the trial Court and respondents are defendant Nos.1 to 6 before the trial court.

3. Plaintiff instituted a suit in O.S.No.83/2004 on the file of the Additional Civil Judge (Sr.Dn), Ballari seeking relief of declaration and possession of suit schedule properties. The plaintiff valued the suit at Rs.1,20,000/for the purpose of pecuniary jurisdiction and valued court fee at Rs.1,000/each on agricultural land and house property. It is further contended that the court has framed issues and Issue Nos.1 and 5 were framed regarding valuation of the Court fee and they were taken up as a preliminary issue.

4. The defendants No.1 to 6 filed their written statement. They denied the plaint averments. They have taken a contention that the lands are more than Rs.1,00,000/per acre and the house is worth of more than Rs.1,00,000/.

5. The trial Court framed an issue