- (1.) THE first and second defendants, the persons against whom reliefs have primarily been sought in the suit, have applied for the plaint to be taken off the file on the ground that even if the plaintiffs' basis for valuation of the suit were accepted, it would fall below the pecuniary threshold of receiving a suit in this court.
(2.) THE defendant Nos. 1 and 2 rely on the principle recognized by Section 15 of the Code of Civil Procedure, that a suit has to be instituted in the court of the lowest grade competent to try it. The applicant?defendants refer to the last two paragraphs of the plaint and say that the reliefs claimed in the suit do not match up to the palpably absurd valuation indicated. The two concluding paragraphs of the plaint read as follows: - "51. For the purpose of court fees and jurisdiction, the suit is valued at rs. 10,00,001/-and the maximum court fees of Rs. 50,000/- has been paid thereon. The plaintiffs undertake to pay further court fees, if found deficient. " "52. In as much as the value of the suit exceeds Rs. 15,00,000/- this hon'ble Court has and the City Civil Court at Calcutta does not have the jurisdiction to receive, try and determine the instant suit. "
(3.) THE first and second defendants submit that the case run by the plaintiffs is that the applicant defendants had deposited a sum of Rs. 10,00,000/- with the plaintiffs as advance or deposit for future supplies of aluminium roll products, obtained supply of value of nearly the amount deposited and thereafter attempted to encash cheques of value of Rs. 10,00,000/- obtained from the plaintiffs. According to the applicants, the plaintiff had claimed that a subsequent concession was extracted by the applicants from the plaintiffs with the help of the defendant police officers at the headquarters of Calcutta Police. The applicants argue that even if the averments in the plaint are taken to be correct, which a challenger on a demurrer has to accept, the reliefs claimed in the suit would indicate that the value of plaintiffs' claim would not exceed rs. 5,00,000/- and, in the event, would not cross the floor-limit to entitle the plaintiffs to bring this action before this court.;