K VELAYUDHAN Vs. SAKTHI FINANCE LTD

JUDGEMENT

(1.) THE grievance is on Ext.P2 order passed by the Munsiff Court-II, Kozhikode in O.S.No.492/03. THE order was passed suo motu without any posting and without affording a chance for hearing to the petitioner. As per the said order, the petitioner was directed to amend the plaint showing the proper valuation. Placing reliance on the decision of this Court in Janakiamma v. Krishnan (1978 KLT 463), it is submitted that the court can decide the question of court fee only in four stages; (1) at the time of registration, (2) when objection is raised in written statement, (3) when objection is raised by the additional defendant and (4) when additional issue is framed. Admittedly, the impugned order does not fall in any of the categories. I set aside Ext.P2 order. THE Munsiff Court-II Kozhikode is directed to pass orders only in the light of the decision referred to above. THE writ petition is disposed of as above.