ASHOK PANDIT Vs. SATYAPRIYA MOHAPATRA

JUDGEMENT

(1.) THIS revision is directed against the order passed by the Munsif, First Court, Cuttack refusing to frame an additional issue regarding valuation of the counter claim made by opposite party No. 1 (Defendant No. 1) and pecuniary jurisdiction of the Court to try the suit and dispose of the same as a preliminary issue.

(2.) THE facts relevant for despoil of this civil revision are recounted below:

(3.) ON 27 -1 -1981 the Plaintiff field a petition stating therein that in reply to the counter claim of opposite party No. 1 claiming title possession and permanent injunction in respect of the suit land, he had raised the plea in his rejoinders that the suit was grossly undervalued because at the prevalent market price its valuation would be more than Rs. 15,000.00, per Gunth in which case the court shall have no pecuniary jurisdiction to try and dispose of the suit. Therefore, an additional issue should be framed regarding valuation of the counter claim and the pecuniary jurisdiction of the court to entertain and try the same and further the issue should be tried and disposed of as a preliminary issue. Opposite party No. 1 not only filed a counter on 3 -2 -1981 to the aforesaid petition but also filed another petition on 2 -5 -1981 claiming therein that a further issue as to whether the suit has been undervalued or not should be framed.