ZAINABEY RAZAK Vs. NOOR MOHAMMED ROTHAN

JUDGEMENT

(1.) This Civil Revision Petition has been referred to a Full Bench by Mr. Justice Kumara Pillai in view of the fact that a preliminary objection regarding the maintainability of the same was raised by the respondent at the time of hearing.

(2.) The defendant in O.S. No. 52 of 1954 of the Subordinate Judges Court, Palghat, is the petitioner in this Civil Revision Petition. He challenges the order of the learned Subordinate Judge, dated 26th March 1958 holding that the suit as framed comes within the ambit of S.7 (4)A of the Indian Court Fees Act, 1870, as amended in the Madras State.

(3.) The contention raised by the defendant was that the suit comes within the ambit of suits provided under S.7, Clause.5, of the said Court Fees Act. As mentioned earlier, the learned Judge overruled the objections of the defendant and held that the suit has been properly valued and court fees paid as per the provisions of S.7 (4)A of the said Court Fees Act. It is this order that is challenged by the defendant in this Civil Revision Petition.