KALIYAMBAL Vs. PADMINI ALIAS GANDHIMATHI

JUDGEMENT

(1.) THIS civil revision petition is preferred against the order dated 20.02.2008 passed by the learned Principal Subordinate Judge, Puducherry in I.A.No,723 of 2007 in O.S.No,271 of 2005.)Animadverting upon the order dated 20.02.2008 passed by the learned Principal Subordinate Judge, Puducherry in I.A.No,723 of 2007 in O.S.No,271 of 2005, this civil revision petition is focussed.

(2.) HEARD the learned counsel for the petitioners and the learned counsel appearing for the first respondent.

(3.) THE learned counsel appearing for the revision petitioners/defendants 9 and 1, placing reliance on the grounds of revision would develop his argument to the effect that the Sub Court is having no jurisdiction to proceed with the case as Section 4 of the Pondicherry Civil Court (Amendment Act 2005) would contemplate that suits of the value of Rs.5 lakhs and below alone could be tried by the Sub Court whereas the present suit admittedly, has to be valued for more than Rs.5 lakhs and in such a case, the Sub Court is having no jurisdiction the Court fee issue also should have been taken as a preliminary issue by virtue of Section 11 of the Pondicherry Court Fees and Suit Valuation Act, but the lower Court failed to do so.