B.SIVA SANKARA RAO,J. - (1.) This appeal is filed by the appellant/plaintiff, aggrieved by the judgment and decree dated 30.03.2015 in A.S.No.22 of 2014 on the file of the II Additional District Judge, Madanapalle, where under the learned Judge confirmed the judgment and decree dated 23.06.2014 in O.S.No.14 of 2009 on the file of the Senior Civil Judge, Punganur.
(2.) Heard both sides.
(3.) The Second Appeal is admitted for considering the following substantial questions of law: 1) In the absence of any plea in the written statement and raising of any defence at or before settlement of issues, whether it is left open regarding the pecuniary jurisdiction of the Court to consider? 2) Whether the Court is functo-officio regarding the sufficiency of court fee till pronouncement of judgment even initially any value accepted while numbering? 3) The return of plaint by the learned Senior Civil Judge (trial Court) for presentation before the Junior Civil Judge having jurisdiction from the value saying below Rs. 1,00,000/- though mentioned about Rs. 1,02,657/- as contemplated by Order7, Rule10C.P.C. is unsustainable and the lower appellate Court's judgment confirming the same by Order41, Rule31CPC to the prejudice of the plaintiff/appellant is unsustainable? 4) To what result? ;