B S SURESH Vs. B S JAGADISH

JUDGEMENT

(1.) This matter has come up for admission after notice.

(2.) This is a revision petition filed under Section 115 of the Code of Civil Procedure against the order dated 3-2-1988 made by the Civil Judge, Chickmagalur, in Original Suit No. -- of 1988. The order came to be passed on the office objection that the suit was not properly valued.

(3.) The petitioners - plaintiffs filed suit against the respondents - defendants for rendering accounts in respect of the income from three bits of coffee estates left in the management of the defendants for convenience having obtained the said coffee estates to their share under a registered partition deed. The petitioners have stated that the value of the suit for the purpose of Court fee and jurisdiction was as given in the valuation slip enclosed alongwith the plaint. In the valuation slip, the following is stated: "The suit is for rendition of accounts of the income in the suit land payable to plaintiffs and for a decree on the sums found due. The plaintiffs tentatively estimate the amount at Rs. 8,500/- and has paid Court fee of Rs. 850/-thereon. The plaintiffs undertake to pay the Court fee on the actual amount found due after determination of the amount by Court as per Section 33 of the Court Fee Act. The suit is also for the grant of injunction, restraining the defendants from obstructing the plaintiffs from the use of the common facilities. The plaintiffs have valued the relief at Rs. 1000/-and paid Court fee of Rs. 100/- thereon under Section 26 of C.F. Act. The suit is also for grant of injunction against defendants 2 and 3 preventing them from interfering with the activities of plaintiffs at Bangalore. The plaintiffs have valued the suit for Rs. 100/-and paid Court fee of Rs. 100/- thereon. A total Court fee of Rs. 1000/- is paid."