Leach, C.J.

1. Respondents l and 2 are the proprietors of the village of Karaikudi. They instituted a suit in the Court of the District Munsif of Devakottah against the Provincial Government and the Municipal Council of Karaikudi for a decree setting aside a decision of a Survey Officer, under the Madras Survey and Boundaries Act, 1923. Section 14 of the Act gives an aggrieved party the right of bringing a suit to challenge a decision of the Survey Officer, provided he does so within three years from the date of the notification of the order. The suit was filed on 13th September 1936, which was within the time allowed, and the plaintiffs averred that they had given to the defendants the notice required by law. The defendants filed separate written statements on 3rd February 1937, but no objection was taken by them to the validity of the notice. Before the District Munsif a question arose with regard to the value of the subject-matter of the suit and it was eventually decided that the value exceeded that of the pecuniary jurisdiction of the District Munsif. Consequently, on 30th November 1938, the plaint was returned to the plaintiffs for presentation to the Court of the Subo