RAJULAPUDI VENKATRAMAYYA Vs. TATA NARAYANAMMA

JUDGEMENT

(1.) This civil revision petition by the defendants is directed against the order of the District Munsif, Narasapur, dismissipg their application under section 11 (1) and (2) of the Andhra Court-fees and Suits Valuation Act, 1956 (hereinafter called ' the Act') read with section 151, Civil Procedure Code, for determining the correct Court-fee payable on the plaint, on the ground that the petition cannot be entertained in view of the order of this Court in C.R.P. No. 1696 of 1970, dated 15th October, 1970.

(2.) The material facts which are not in dispute may briefly be stated : The respondents herein filed O.S. No. 356 of 1966, in the Court of the District Munsif, Narasapur for accounts alleging that several amounts were entrusted to the defendants and they are liable to render accounts to them. In the plaint, it was averred that between the years 1935 and 1956, the 1st plaintiff had given by installents a sum of Rs. 20,000 to the defendants and the same was not repaid. The suit for purposes of jurisdiction had been valued at Rs. 300 and a Court-fee of Rs. 34 was paid under section 32 of the Act. The Court-fee Examiner raised an objection to the Court-fee paid, in a check slip, dated 13th February, 1967. The Court-fee Examiner's objection was overruled by the District Munsif and the suit registered. Thereafter, the defendants, on receipt of suit notice, entered their appearance and filed a written statement but without raising any specific plea relating to the Court-fee. The petitioners filed I.A. No. 883 of 1969 on 23rd July, 1969 seeking permission to amend the written statement for the purpose of taking up the plea that the suit was under-valued without paying the requisite Court-fee. The application to amend the written statement was dismissed by the trial Court on 26th June, 1970. C.R.P. No. 1696 of 1970, preferred against the order of the lower Court refusing to amend the written statement was also dismissed by this Court on 15th October, 1970 on the ground that the very objection was raised by the Court-fee Examiner and was decided on 13th February, 1967. This Court made an observation that the petitioners might raise the question in appeal.

(3.) Thereupon, an independent applicacation I.A. No. 170 of 1971 under subsections (1)and (2) of section 11 of the Act for the determination of the correctness of the Court-fee paid and the jurisdiction for the Court to entertain the suit, was filed on 9th February, 1971. That application was dismissed by the lower Court on the ground that the question was already considered in I.A. No. 883 of 1969 and rhe same could not be entertained in view of the decision of the High Court in C.R.P. No. 1696 of 1970. Hence this revision petition.