G KRISHNAMURTHY Vs. SARANGAPANI

JUDGEMENT

(1.) BY consent of both parties the main civil revision petition itself is taken up for final disposal.

(2.) NOTICE of motion was ordered by me on 30. 10. 1995 returnable by 15. 11. 1995. Interim stay was granted till then. On service of notice Mr. Yashod Vardhan entered appearance on behalf of the respondents. The respondents herein filed the suit O. S. No. 340 of 1990 on the file of the II additional District Munsif, Pondicherry for declaration and recovery of possession of the suit properties. In the suit the petitioner along with the plaintiff took an objection that the court-fee paid is not sufficient as the plaintiff has to pay the court-fee ad valorem. The learned District Munsif, who tried the same as a preliminary issue held that the suit has not been properly valued and correct court-fee has not been paid. Since the value of the subject matter of the suit exceeds the pecuniary jurisdiction of the District Munsif s Court, the learned District Munsif ordered the plaint to be returned with a direction to present the same before the proper forum with subsequent court-fees paid on or before 21. 12. 1992. Aggrieved by the same the respondents preferred A. S. No. 12 of 1983 on the file of the III Additional District Judge at Pondicherry . The learned District Judge allowed the appeal permitting the plaintiff to contest the suit and held that the court-fee paid also was sufficient. Aggrieved by the said order the petitioner has filed the above revision as the second appeal is not maintainable in this Court.