SHINY BENOY Vs. LEELAMMA KURYAN (DIED)

JUDGEMENT

(1.) The petitioner in O.P.(C.) No.2752 of 2024 is the plaintiff, and the petitioner in O.P.(C) No.2834 of 2024 is the 2nd defendant in O.S.No.83 of 2020 pending before the Sub Court, Muvattupuzha. The issue involved in both these Original Petitions is regarding the court fee payable in the suit. Therefore, both the Petitions are heard together, and a common judgment is passed.

(2.) The brief facts necessary for the disposal of O.P.(C)s are as follows:

(3.) The main contention raised by the counsel for the petitioner in O.P.(C) No.2752 of 2024 is that the order passed by the learned Civil Judge (Senior Division) is wrong as the court fee paid by the plaintiff is not proper and the suit is valued under Sec. 25(1)(b) of the Court Fees Act. Being a suit for declaratory decree, the counsel for the respondents argued that the suit is to be valued under Sec. 25(d)(i) of the Court Fees Act.