SAMPATBAI & OTHERS Vs. KAMLABAI & OTHERS

JUDGEMENT

(1.) Respondent No.1, 2 and Late Badriprasad (now represented through legal heir respondents No. 3 to 5) filed the suit for declaration, possession and mesne profit against the Motidas (represented through legal heirs), respondents No. 6 to 9 being C.S. No.16-A/1988. The trial Court vide judgment dated 30.8.2001 had decreed the suit in favour of the plaintiff but held that the decree would become executable on payment of proper Court-fees by the plaintiff.

(2.) Being aggrieved by the aforesaid judgment and decree, defendants preferred Civil Appeal No.22-A/2005 and 23-A/2005 before the first appellate Court. The First Appellate Court vide judgment dated 27.6.2005 has found that since the suit was not properly valued and proper court-fees was not paid, then the trial Court ought not to have decided the suit on merit and should have returned the plaint for presentation before the Court having jurisdiction. The first appellate Court set aside the judgment and decree and remanded the suit back to the trial Court with a direction to get the suit properly valued and return of the plaint.

(3.) Being aggrieved by the judgment dated 27.6.2005, the plaintiff preferred Misc. Appeal No.276/2007 and 278/2007 before this Court. Vide order dated 9.5.2012, this Court has remitted the appeal to the first appellate Court to decide the Issue No.9 afresh in the light of provisions contained in Section 11 of the Suit Valuation Act.