THE HON’BLE SMT.JUSTICE P.SREE SUDHA Civil Revision Petition No.551 of 2021

ORDER:

This civil revision petition is filed against the order dated 29.12.2020 passed in I.A.No.198 of 2020 in O.S.No.101 of 2020 by the learned IV Senior Civil Judge, CCC, Hyderabad.

2. An application is filed before the trial Court for rejection of plaint on several grounds i.e., barred by limitation, defective readings sought for, non-jointer and mis-jointer of the properties, non-filing of Encumbrance Certificate and no proper Court fee is paid as per the market value and there is no jurisdiction for the Court but the trial Court considering the arguments of both sides dismissed the application with costs. Aggrieved by the said order, this revision petition is preferred.

3. It is mainly contended that suit is filed on the ground of under value and plaintiff did not file any market value certificate to the correct value of the suit and the Court fee was paid on notional value on that ground alone plaint shall be rejected so also as per the averments of the plaint suit is barred by limitation, plaintiff filed the suit under value and paid insufficient Court fee, the trial Court has no proper jurisdiction to