UJALA KHAN MASJID AND ORS. Vs. NARAYAN DAS DUTTA AND ORS.
HIGH COURT OF ORISSA
Ujala Khan Masjid
Narayan Das Dutta
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Panigrahi, J. -
(1.) THIS revision is directed against an order of the second Munsif of Cuttack in Suit No. 190 of 1947 by which the Plaintiffs were called upon to pay ad valorem court -fee of Rs. 4000/ -. The Petitioners grievance is that the second Munsif did not apply his mind to ascertain the valuation of the suit which he was bound to do, and has, therefore, failed to exercise his jurisdiction under the law.
(2.) THE First Munsif before whom the case was first pending found that the valuation of the suit was Rs. 4000/ - and therefore returned the plaint as being beyond his pecuniary jurisdiction. The first Munsif is entitled to try suits up to the valuation of Rs. 1000/ -. The Petitioners' case is that the suit lands should be valued at Rs. 1100/ - and not Rs. 4000/ -. It was the duty of the Second Munsif to fix the valuation of the suit lands and not to accept the finding of the first Munsif as binding upon him. The finding of the First Munsif to the extent that the valuation of the suit is over Rs. 1000/ - is of course binding upon the Second Munsif, but it wills the duty of the latter Court to determine for himself as to whether the valuation of the suit for purpose of court fee was Rs. 1100/ - or above that sum. Mr. Mukherji, appearing for opp. party No. 2 contends that the finding of the First Munsif regarding the valuation for purpose of Court -fee is final and cannot be reagitated in this Court. He drew our attention to Section 12 of the Court Fees Act. We are clearly of opinion that section has no application Go the facts of this case, because the First Munsif id not determine the valuation for propose of Court fee at all. It was next contended that this Court - cannot exercise its revisional jurisdiction in a matter regarding court -fee. This point also in untenable as it has been the practice of this Court, following the Full Bench decision of the Patna High Court, to entertain Civil Revisions against orders calling upon a Plaintiff to pay higher Court -fee than is required under the law. We are satisfied that the Second Munsif has failed to exercise the jurisdiction which he was bound to do under the law. His order No. 56, dated 28 -2 -49, is therefore, set aside, and this Civil Revision is allowed with costs against opp. party No. 2. Hearing fee is assessed at Rs. 35/ - (Thirty five rupees).
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