1. This appeal by defendants under section 100 of CPC is directed against the judgment and decree dated 28.2.2004 passed by Additional District Judge, Sabalgarh, District Morena in Civil Appeal No. 31-A/2001; reversing the judgment and decree dated 15.10.2001 passed by Civil Judge, Class I, Sabalgarh in Civil Suit No. 33-A/1998; by which though on merits the trial Court has recorded positive findings in favour of plaintiffs; however, dismissed the suit while answering issue No.4 as regards pecuniary jurisdiction of the Court. First appellate Court has affirmed the findings of the trial Court on appeal by plaintiffs on merits of the suit as well as set aside the judgment of the trial Court on issue No. 4 relating to pecuniary jurisdiction.

2. Appeal is admitted on the following substantial question of law :-

“Whether, the first appellate Court was justified reversing the findings of the trial Court as regards pecuniary jurisdiction ?”

3. Facts necessary for disposal of this appeal in a narrow compass are that the plaintiffs have filed a suit for declaration and permanent injunction in respect of the Pator and open land of house No. 41 by stating themselves to be the owner of e