JAYARANI Vs. M ANJALATCHI

JUDGEMENT

(1.) THESE revisions came to be filed seeking to set aside the fair and decretal orders made in I.A.Nos.213 & 214 of 2009 in O.S.No.491 of 2008 dated 15.03.2010.

(2.) THE defendants 3 to 7 in the said suit are the petitioners and the plaintiff thereon is the respondent.

(3.) ON the other hand, the learned counsel for the respondent contended that the valuation of the suit can be made only on the basis of the averments made in the plaint and also the prayer that has been sought for in the plaint. Hence, according to the learned counsel for the respondent, the suit has been valued properly and the Court fee paid thereon is perfectly in order. That apart, he has contended that the question of resjudicata is a mixed question of fact and law, which has to be decided along with other issues and hence, the maintainability of the suit cannot be decided as a preliminary issue.