The defendants filed a petition challenging the valuation of the suit filed by the plaintiff, by filing I.A.No.68(a) of 2009 in O.S.No.162 of 2008 on the file of the Principal District Munsif, Sivagangai under Order 14 Rule 2 of CPC to decide the additional issue regarding the Court fee paid by the plaintiffs as preliminary issue and that application was dismissed by the District Munsif, as against that, the present civil revision petition has been filed.

2. The plaintiffs filed a suit for declaration that ‘A’ Schedule property belongs to the first plaintiff and ‘B’ Schedule property belongs to the second plaintiff and for consequential injunction restraining the defendants from enjoying the suit, Scheduled property in a peaceful manner. While describing the ‘A’ Schedule property and ‘B’ Schedule property, it has been stated in the schedule that the property is punja lands Survey Numbers are 93/A2 and 93/3A23and 93/3A3. The defendants have filed a written statement in paragraph ‘13’ wherein they have stated that the suit is not property valued and accordingly the appropriate Court fee has not been paid. Thereafter, the defendants have filed I.A.No.68(a) of 2009 in O.S.N