1951 Supreme(Mad) 19
P.V.RAJAMANNAR, VISWANATHA SASTRI, PANCHAPAKESA AYYAR
Paruchuru Thirumala Satyanarayanacharyulu – Appellant
Versus
Vannava Ramalingam – Respondent
Advocates:
G. Venkatarama Sastri for Petitioners.
Government Pleader (P. Satyanarayana Raju) for Respondents.
Rajamannar, C.J.-The petitioners filed a suit in the Court of the Subordinate Judge of Guntur for a declaration that they were, or, in the alternative, the second plaintiff was the hereditary archaka of a temple. They paid a fixed court-fee of Rs.100 under Article 17-A of schedule II of the Court-Fees Act valuing the suit for the purposes of jurisdiction at Rs.3,600. On an objection taken to the correctness of the valuation, the learned Subordinate Judge, after enquiry, found that the suit had been grossly undervalued, that the valuation of the property in suit exceeded Rs.10,000 and directed the petitioners to pay an additional court-fee of Rs.400. This order was passed on the 14th March, 1947 and ten days’ time was given for payment of the deficit court-fee. The suit stood adjourned to the 24th March, 1947. On that day the suit was called and as the petitioners had not paid the deficit court-fee, the plaint was rejected. The Revision Petition before us is against the order, dated 24th March, 1947, rejecting the plaint. Under section 2(2), Civil Procedure Code, an order rejecting a plaint shall be deemed to be a decree. It was therefore open to the petitioners to file a regular ap
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