MADHUSUDAN MOHAPATRA Vs. LINGARAJ MOHAPATRA AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 2 is the Petitioner against an order dated 8 -1 -1988 passed by the Additional Munsif.

(2.) THE short question that arises for consideration in this revision is whether the suit has to be valued under Section 7(iv)(a) of the Court -Fees Act as amended in Orissa or being a declaratory suit, Article 3 -A of Schedule -I of the said Act will apply. The learned Additional Munsif has come to hold that Article 3 -A of Schedule -I applies and, therefore, the valuation given in the plaint is correct and the jurisdiction of the Munsif is not ousted.

(3.) THE Defendants have filed written statements denying the allegations made in the plaint and also have taken a ground that the suit has been grossly under -valued and proper court -fee has not been paid. Inasmuch as the suit being essentially one to nullify the effect of an earlier compromise decree under which property worth more than Rs. 60,000/ - was disposed of, Section 7(iv)(a) of the Court -fees Act has to apply and not Article 3 -A of Schedule -I.