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2007 Supreme(Mad) 3085

P.K.MISRA
A. Chinnaraj & Another – Appellant
Versus
Saroja Ammal – Respondent


Advocates:
For the Petitioners:N. Maninarayanan, Advocate. For the Respondent: No appearance.

Judgment :-

Heard the learned counsels appearing for the parties.

2. The defendants 2 and 4 in O.S.No.442/1997 on the file of Additional District Munsif, Tindivanam have filed these Civil Revisions challenging the order of the trial court dated 11. 2003. The two defendants had filed interim applications for considering the question of the pecuniary jurisdiction as well as the sufficiency of court fee paid as preliminary issue. The trial court, on consideration of materials, has come to the conclusion that it is not necessary to take up such matter as preliminary issue. The trial court has also observed that the court fee paid is sufficient and it has got jurisdiction.

3. The learned counsel appearing for the petitioners contended that in view of the provisions contained in Order XIV Rule 2 CPC, the question relating to jurisdiction should have been taken as a preliminary issue. He has further submitted that at any rate the question before the court at that stage was whether the matter should be taken as a preliminary issue or not and therefore the trial court should not have given findings regarding the sufficiency of court fee and regarding the jurisdiction of the court and shou










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