JUDGMENT - KANADE V.M., J.:---The appellants-plaintiffs are challenging the order passed by the trial Court whereby the trial Court has held that the appellants-plaintiffs should have valued the plaint as per the prevailing market value of Room No. 302 which would be beyond Rs. 50,000/- and, therefore, that would be beyond the pecuniary jurisdiction of the City Civil Court. The trial Court, therefore, returned the plaint under the provisions of Order VII, Rule 10 of the Civil Procedure Code. The facts which are relevant for the purpose of deciding the present appeal from order are as follows.

2. Appellants are the original plaintiffs and the respondents are the original defendants. For the sake of convenience, the parties shall be referred to as the plaintiffs and defendants.

3. The plaintiffs have filed a suit in the City Civil Court and have averred in the plaint that the plaintiffs and defendant No. 4 had acquired the premises some time in the year 1957 from one Mr. Maharaj. The said premises was a room admeasuring 10 x 12 ft. being Room No. 25 in New Municipal Chawl No. 47-K, formerly known as Putalabai Chawl, Ganesh Nagar, Mumbai-400 012. The said premises was situated on the la

Click Here to Read the rest of this document