VENUGOPAL LOYA Vs. VIJAYALAKSHMI BUNG

JUDGEMENT

(1.) The Third Assistant Judge, City Civil Court, Hyderabad, directed the plaintiff to comply with the objections raised by he office by valuing the suit and paying the court-fee under section 24(d) of the Andhra Pradesh Court-fees and Suits Valuation Act, 1956. Against that order, this revision petition has been filed.

(2.) The main allegations in the plaint are that one Suguna Bai, the mother of the plaintiff and the first defendant, being the eldest member of the family, has opened a locker in the Bank of Rajasthan Ltd., Siddiamber Bazar Branch, Hyderabad, which is impleaded as the second defendant in the suit, the locker No. being 208. The said Suguna Bai side leaving behind the plaintiff and the first defendant and they are the sole heirs of Sugana Bai. When the plaintiff and the first defendant approached the bank to operate the locker, the bank asked them to get a succession certificate from the competent court and, therefore, that filed the present suit for a declaration that they are entitled to operate the locker.

(3.) The main point that falls for consideration in this revision petition is whether the court below was justified in directing the plaintiff to value the suit under section 24(d) of the Andhra Pradesh Court fees and Suits Valuation Act, 1956.