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2000 Supreme(Ker) 487

P.K.BALASUBRAMANYAN, T.M.HASSAN PILLAI
Mable – Appellant
Versus
Dolores – Respondent


Judgment :-

P.K. Balasubramanyan, J.

This Civil Revision Petition has come up before us on a reference being made by a learned single judge, in view of the doubt he felt about the ambit of the decision rendered by another learned single judge reported in Varghese v. Devi Academy (1999 (1) KLT 440).

2. The plaintiff in a suit filed in the Subordinate Judge's Court of Cochin is the petitioner in this Civil Revision Petition. She originally filed the suit in the Munsiff's Court, Cochin for recovery of possession of a building from the defendants on the strength of her title and for consequential reliefs. On objection regarding jurisdiction based on valuation being taken and after an adjudiction, the Munsiff's Court returned the plaint to the plaintiff for presentation to the proper court. Thereafter, the plaintiff amended the valuation and presented the plaint before the Subordinate Judge's Court. In the light of S.4A of the Kerala Court Fees and Suits Valuation Act, the plaintiff paid I/10th of the amount of fee chargeable as court fee under the Kerala Court Fees and Suits Valuation Act. The defendants filed a written statement resisting the suit. Based on the pleadings, the court ulti









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