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2020 DIGILAW 735 (TS)

G. Indira Krishna Reddy v. Sagam Padma

2020-10-14

M.S.RAMACHANDRA RAO, T.VINOD KUMAR

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JUDGMENT 1. Heard the counsel for Appellant, and Sri M.V. Prathap, learned Counsel for respondents, in the Civil Miscellaneous Appeal. 2. It is stated by Sri M.V. Prathap, learned counsel appearing for respondents/ plaintiffs that in the plaint, the valuation of the suit was wrongly mentioned as Rs.30 lakhs instead of Rs.3 lakhs and Court Fee was paid only on the valuation of Rs.3 lakhs at Rs.5,426/-. 3. On a perusal of the plaint, it appears to be so. Court Fee of Rs.5,426/- is the appropriate Court Fee if the suit valuation was only Rs.3 lakhs. 4. In this view of the matter, it appears that the Appeal against the impugned order under Order 43 Rule 1 of Civil Procedure Code, 1908 lies to the District Court in Ranga Reddy District, and not to the High Court for the State of Telangana. 5. Therefore, the Registry is directed to return the papers of this Appeal along with the Certified Copy of the impugned order passed by the Court below to the counsel for Appellant, and the Appellant herein is permitted to present this Appeal in the appropriate District Court in the Ranga Reddy District without reference to limitation.