THIMMAIAH Vs. SREENIVASA

JUDGEMENT

(1.) HEARD.

(2.) THIS revision by defendant 2 in O. S. No. 50 of 1992 is directed against the Trial Court's order rejecting his I. A. No. 3 which was made praying to first try preliminary issues 5 and 6 in the suit relating to pecuniary jurisdiction of the Trial Court and Court fee paid on the plaint.

(3.) THE said suit was instituted by the respondent-plaintiff for partition and separate possession of his share in the suit properties and for mesne profits. The petitioner, who is defendant, has filed his written statement contesting plaintiffs claim contending, inter alia, that the suit property has been overvalued by the plaintiff as also that the Court fee paid on the plaint was not correct and proper. On these objections two of the issues framed by the Court below viz. , issues 6 and 7 are: 6. Whether the defendants prove that this Court has no pecuniary jurisdiction to try the suit? 7. Whether the defendants prove that the suit is not properly valued and the Court fee paid on the plaint is insufficient?