K MOHAMMED GHOUSE Vs. GHATTE VENKATAPPA NAIDU

JUDGEMENT

(1.) This revision petition arises out of the order declining to condonethe delay in representation of the plaint.

(2.) The plaintiff filed the suit for declaration of title to the suit propertiesand for permanent injunction. The court returned the plaint on 21-1-1977 stating that it was beyond pecuniary jurisdiction of that court. The plaintiff took return of the plaint and was represented again.

(3.) It is stated in the application for condonation of delay that thevalue given in the suit was Rs. 12,240/- and the reliefs for declaration and injunction should have been taken at half value and therefore the valuation at Rs. 6,120/- is within the pecuniary jurisdiction of the District Munsif's Court. This application is resisted by the defendant on the ground that the plaintiff is debarred from reagitating the matter after a long lapse of time of thirteen years from the date of filing the suit. It is further stated that the plaintiff cannot present the same plaint before this court basing upon the value estimated by the commissioner about eight years back and taking advantage of the revision of pecuniary jurisdiction of the Civil Court.