N NARAYANI AMMAL Vs. P SANJEEV

JUDGEMENT

(1.) Alleging that the sale deed in respect of the plaint A schedule property and two hypothecation deeds in respect of plaint B schedule property executed by the plaintiff were the result of fraud, O. S. 1683/97 was filed before the II Additional Munsiff's Court, Thiruvananthapuram by the present revision petitioner. The decree sought the following declaration.

(2.) The defendants, who entered appearance, contended that the court fee paid was insufficient and that actually setting aside of the two documents is required for which court fee is payable under S.40 of the Court Fees Act and not under S.25(b). The question was considered as a preliminary point and as per the impugned order, the Trial Court accepted the defendants' contention and directed the plaintiff to pay court fee under S.40(1) of the Kerala Court Fees and Suits Valuation Act.

(3.) On the day the suit was taken up for payment of Court fee as above, the plaintiff submitted before the Trial Court that the order directing payment of court fees was under challenge before this Court. However, the plaintiff was found absent on a later day and no stay order, in fact, reached the Trial Court. In the circumstances, the Trial Court passed an order on 2.11.1998 rejecting the plaint. It is this order that is the subject matter of C.R.P. No. 2588/98.