JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 (u) of C.P.C, to allow the appeal and set aside the order of remand made in A.S.No.119 of 2007 on the file of the Subordinate Court, Sivagangai dated 10.09.2008 reversing the judgement and decree made in O.S.No.47 of 2002 on the file of the Principal District Munsif Court, Manamadurai dated 29.06.2007.)

1. The above appeal has been filed by the first defendant in a suit for declaration of title and recovery of possession challenging an order of remand passed by the First Appellate court.

2. The respondents herein had filed O.S.No.47 of 2002 for the relief of declaration of title and recovery of possession before the Principal District Munsif Court, Manamadurai. The trial Court had arrived at a specific finding that the value of the property is more than Rs.1 lakh and therefore the said Principal District Munsif, Manamadurai did not have pecuniary jurisdiction. After arriving at a finding in relation to lack of pecuniary jurisdiction, the trial Court proceeded to dismiss the suit.

3. Challenging the order of dismissal, the plaintiff had filed A.S.No. 119 of 2007 before the Subordinate Court, Sivagangai. After setti