- (1.) Leave to delete respondent Nos 3,4 & 5 since they are formal party and they were co-defendants.
(2.) Rule. Mr.Kakkad waives service of rule on behalf of respondent Nos 1 & 2. With the consent of the parties matter is taken up for final hearing today.
(3.) The short facts of the case are that the petitioner filed Regular C.S.No.436/98 praying for declaration and perpetual injunction and also for transaction of sale which was valued at Rs.50,000/-. At the relevant point of time the Ld.Civil Judge (SD) had pecuniary jurisdiction to entertain and decide the suit upto the limit of Rs.50,000/-. The petitioner moved the application to the learned trial judge being application-Exh.49 raising objection that since there are two independent prayers the suit can not be tried by the court of CJ(JD) since the valuation will have to be made for declaration and perpetual injunction which should be Rs.300/- in addition to the relief against sale deed for which suit was valued at Rs.50,000/- and therefore it was prayed in the said application Exh.59 to return the suit and the suit be treated as Special Civil Suit. The learned judge below the said application passed the order16.8.02 whereby he found that the opportunity is required to be given to the plaintiff and therefore it was ordered that the plaintiff to clarify the jurisdiction and of the court fee and necessary amendment be made within ten days.;