THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.1592 OF 2010 DATED: 29-11-2010 ORDER: This Civil Revision Petition is filed assailing the order, dated 30-03-2010, in O.S.(SR).No.2413 of 2009 on the file of the learned Principal Civil Judge, Mancherial, Adilabad District, wherein the learned Judge directed the plaintiffs to comply with the order, dated 10-03-2010, regarding payment of Court fee within seven days. 2. Heard learned counsel for the petitioners and the learned counsel for the respondents. Perused the record. 3. Petitioners herein filed the suit for declaration regarding deemed death of missing man by name Gouravelli Upender Rao; for declaration that the plaintiffs 1 to 3 are entitled for the terminal benefits payable by the defendants 1 and 2 to the missing man; for the policy amounts payable by the 3rd defendant and for a mandatory injunction directing the defendants to make payment of the amounts due. 4. The relief of declaration was valued by the plaintiff at Rs.2000/- and Court fee of Rs.186/- was paid. The relief of mandatory injunction was also notionally valued at Rs.2000/- and Court fee of Rs.186/- was paid. The learned Junior Civil Judge held that the relief of mandatory injunction is also to be valued under Section 24(d) of the Andhra Pradesh Court Fee & Suit Valuation Act, 1956 and the Court fee is payable on the basis of the financial advantage the plaintiffs desire to have or the disadvantage the plaintiffs desire to avoid. The trial Court, therefore, directed the plaintiffs to assess the total amount received by them and pay the Court fee thereon. 5. Learned counsel for the petitioners would submit that the amount due and payable by the defendants is unascertainable as of now and the plaintiffs undertook to pay the Court fee on the amounts which are found due and payable by the defendants during the course of trial. 6. The plaintiffs are therefore directed to file an affidavit of undertaking before the trial Court, undertaking to ascertain the amount payable by the defendants and pay the Court fee thereon during the course of the trial. The trial Court is directed to register the plaint, if it is otherwise in order and subject to filing of undertaking affidavit by the petitioners-plaintiffs, as stated above. 7. In the result, Civil Revision Petition is disposed of. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 29th November, 2010. Tsy