BATUK CHANDRA PATWARI AND OTHERS Vs. KIRTI RAM DAS AND OTHERS

JUDGEMENT

(1.) THIS application under Section 115 of the Code of Civil Procedure is directed against the order dated 10 -3 -71 passed by the Munsiff, Nalbari, in Title Suit No. 27/70. The facts briefly are that the plaintiffs brought the suit for declaration of their title in respect of 2/3rd share of the land described in the schedule to the plaint and for confirmation of possession thereof. They valued the suit at Rupees 250/ -, both for the purpose of court's pecuniary jurisdiction and for Court -Fee under Section 7(iv)(c) of the Court -Fees Act. The contesting defendants (defendants No. 2 to 9) in their written statement stated that the valuation of the suit land would be at least Rs. 23,600.00 and therefore, according to them, the Munsiff had no pecuniary jurisdiction to try the suit. The Munsiff framed three preliminary issues, namely Issues Nos. 3, 4 and 5 which are as follows: -

(2.) THE learned Munsiff after hearing the said preliminary issues passed the following order:

(3.) SECTION 7(iv)(c) and Section 7(v)(c) of the Court -Fees Act may now be quoted: -