SARANGADHARAN Vs. M R MUKUNDAN

JUDGEMENT

(1.) The challenge in this Writ Petition is against Exts.P3 and P5 orders passed by the Munsiff's Court, Cherthala in O.S.No.229/2003 filed by the respondent seeking a declaration that two promissory notes stated to be executed by him are null and void.

(2.) The petitioners/defendants in the suit raised two preliminary objections: The suit ought to have been filed in the Sub Court and the court fee paid was not sufficient. These objections were on the ground that the amount covered by the promissory notes was Rs. 1,75,000/- which was beyond the pecuniary jurisdiction of the Munsiff's Court and that the ad velorem court fee paid was not based on the monitory value of the declaration sought for. These objections were overruled in Ext.P3.

(3.) The petitioners also objected to the amendment sought for by the plaintiff to delete the words "voidable" appearing in the plaint. That prayer was allowed as per Ext.P5. Ext.P5, insofar as the amendment to that effect has been allowed, is also impugned in this Writ Petition.