Amitabha Dutta, J. - (1.) - This is an application for revision of the order dated 20th June 1983 passed by the learned Judge, 12th Bench, city civil Court, Calcutta in Title Suit No.940 of 1981 rejecting the plaintiff/petitioner's application under S. 151 of the Code of Civil Procedure for setting aside an ex prate order of return of plaint on the ground that the said application is not maintainable as the order of return of plaint is appeasable under Order 43 rule 1 of the Code.
(2.) The plaintiff petitioner has brought the suit for a declaration that the decree for Rs. 2,02,776.49 p. passed in suit No 234 of 1977 by the Civil Judge, Senior Division, Sholapur, Maharashtra is invalid and void abs initio being vitiated by fraud on the plaintiff and the court at Sholapur and for permanent injunction restraining the defendant from execution the decree. The suit has been valued in the plaint at Rs.100/- for the purposes of payment of court fee and jurisdiction. The defendant/opposite party has filed written statement denying the material allegations made in the plaint and contending that, as the proper valuation of the suit is Rs. 2,02,706/49 p. for purposes of court fee and jurisdiction, the court has no pecuniary jurisdiction to entertain the suit.
(3.) The defendant also filed an application under S. 11 of the West Bengal Court Fees Act for enquiry to arrive at correct valuation of the suit.;