KOKA VENKATA RAMANAIAH NAIDU Vs. KARNAM VENKATA RATNAM

JUDGEMENT

(1.) This civil revision petition is filed by the petitioners, who are the defendants in the suit, aggrieved by the order dated 22.6.2007 in IA No.18 of 2007 in OS No.72 of 2005 wherein and whereby the learned Senior Civil Judge, Kavali, allowed the application filed by the respondents/plaintiffs under Order 6 Rule 17 to amend the Para 9 of the plaint.

(2.) The facts in brief are that the respondents/plaintiffs filed the suit for declaration that preliminary decree dated 11.7.2001 and final decree dated 22.1.2004 passed by the Court below in a suit for partition in OS No.35 of 1995 as null and void as against the petitioners/defendants. As the suit was notionally valued at Rs.10,000/- as per Section 24(D) of the APCF and SV Act, 1956, the petitioners/ defendants contended that the suit is not maintainable in the Court of the Senior Civil Judge, Kavali. Therefore, the present impugned application was filed to amend the plaint by enhancing the value of the suit to Rs.l,09,087.57Ps mentioned in the preliminary decree passed in OS No.35 of 1994 and upon contest by the petitioners, it was allowed.

(3.) It is the main submission of the learned Counsel for the petitioners that by taking into account the original valuation of the suit property value, the suit is not maintainable in the Court of the Senior Civil Judge and therefore they cannot now seek amendment to enhance the value for the purpose of bringing the suit within the jurisdiction monetary of the Court.