ATUL MAHTO Vs. JHUNKIBALA MAHATAWAIN

JUDGEMENT

(1.) THIS Civil Revision application is against the judgment and order passed in Civil Misc. Appeal No. 3 of 1999/3 of 2004 by 2nd Additional District. Judge (FTC), Jamtara whereby the Court below has dismissed the appeal affirming the judgment and order passed by Subordinate Judge II, Jamtara in Title Suit No. 45 of 1983, whereby the plaintiffs ' plaint has been returned.

(2.) THE plaintiffs case is that he filed Title Suit No. 45 of 1983 in the Court of Subordinate Court, Jamtara praying relief for declaration of right, title and for recovery of possession of the land of plot No. 230 of Mauza - Daur. The plaintiff had further prayed for a decree for partition of half share in the said land. The suit was valued at Rs. 550./ -

(3.) AFTER closing the evidences of the parties at the concluding stage and after about 16 years of institution of the suit, defendant filed an application seeking decision on the issue of jurisdiction in view of the over - valuation of the suit as a preliminary issue. According to them, the suit should have been valued at Rs. 500.00 only whereas it was valued at Rs. 550.00 .