RAJALAKSHMI PILLAI Vs. RAMACHANDRA KARNAVAR

JUDGEMENT

(1.) Whether a defendant in a suit has the right to move the superior courts in revision against the order adjudging payment of court fee payable on the plaint, no more is a moot question in view of the decision of the Supreme Court in Ratnavarmaraja v. Vimala ( 1961 KLT SN 10 ). The Supreme Court has held thus in the said decision:-

(2.) The above ruling therefore will not render any assistance to the petitioner to sustain his plea. In this connection it is relevant to note that the learned counsel has no case that the question involves the question of jurisdiction of the court. His only argument is that, in as much as the issue was raised at the instance of the defendant, the defendant can maintain the C.R.P. challenging the order adjudicating upon the correctness of the court fee. This argument is without any merits in view of the ruling in Ratnavarmaraja's case.