ENGINEERING INDUSTRIES AND MANUFACTURERS ASSOCIATION GUNTUR Vs. ANDHRA PRADESH STATE ELECTRICITY BOARD HYDERABAD

JUDGEMENT

(1.) The appellant filed the suit O. S. No. 649/69 on the file of the court of the District Munsif, Guntur against the defendants for declaration that the orders passed by the Andhra Pradesh State Electrictiy Board and the Deputy Chief Accountant of the said Board at Guntur classifying the industrial units of the members of the plaintiff-association as falling outside Category No. V is illegal and void and for a permanent injunction restraining the defendants from demanding and collecting tariff from the industrial units of the members of the plaintiff-association at rates otherwise those stipulated in Category v. The suit was valued at Rs. 300/- under section 24 (b) of the Court Fees Act III of 1956 and a court-fee of Rs. 34/- was paid. A plea was raised by the defendants that the suit was not properly valued and the court-fee paid was not correct. That objection was overruled by the trial Court and the suit was tried on merits and decreed in respect of tfce service connections set out in Annexures 2 to 5 of the written Statement.

(2.) The defendants preferred an appeal in respect of fifteen service connections set out in the memorandum of grounds of appeal.

(3.) An objection was raised in the lowerappellate Court with regard to the valuation of the subject matter of the appeal and the suit. By order dated 31-12-1973 the lower court directed the appellants to value the service connections separately and pay the requisite court- fee thereon. The defendants accordingly revised the valuation of the subject-matter of the appeal and fixed the same at Rs. 7,610-80 ps. and a deficit court-fee of Rs.824-50 ps. was paid on 24-1-1974 and the appeal numbered as A.S.No. 26 of 1974 on 18-7-1974. When the appeal came up for hearing it was argued on behalf of the defendants that in view of the revised valuation of the appeal, the suit was beyond the pecuniary jurisdiction of the learned District Munsif as the jurisdiction of the District Munsif under the old Civil Courts Act was Rs. 5,000/- and, therefore, the learned District Munsif had no pecuniary jurisdiction to entertain the suit and the judgment and decree of the trial Court were devoid of jurisdiction and they should be set aside the and the plaint returned for presentation to proper Court.