PURSHOTTAMDAS SONI Vs. RAMESH CHAND SONI

JUDGEMENT

(1.) These appeals arise out of the common order dated 28.01.2021 passed in I.A.Nos.375, 376 and 377 of 2019 in O.S.No.596 of 2010 on the file of the learned XXV Additional Chief Judge, City Civil Court, Hyderabad.

(2.) These appeals were filed by Defendant Nos.4, 5 and 7 in O.S.No.596 of 2010 alleging that the Court below permitted the plaintiff to amend the prayer portion in the plaint without insisting for payment of additional Court-Fee for the relief of declaration of title and recovery of possession as provided under Section 24(a) of the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 (for brevity, 'the Act') and that the Court below wrongly allowed the amended plaint to be taken on record without paying the Court- Fee for the newly added relief. This is a common order for I.A.Nos.375 and 376 of 2019 to direct the section to number the petition filed for amendment of the plaint vide IA(SR) No.373 of 2019. I.A.No.376 of 2019 is filed to take on record the fair amended copy of the suit plaint in pursuance of order dated 10.12.2018 in I.A.No.134 of 2018 in O.S.No.596 of 2010. I.A.No.377 of 2019 is filed to review the docket order dated 19.02.2019 in O.S.No.596 of 2010 and thereby direct the section office to take on record the fair amended copy of the suit plaint filed in pursuance of the order dated 10.12.2018 passed in I.A.No.134 of 2018. All these applications were allowed.

(3.) The main ground on which these appeals are instituted is that the Court below erred in permitting the plaintiff to amend the prayer portion without insisting for payment of additional Court- Fee as provided under Section 24(a) of the Act.