MANMATHANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is filed under O. 43 R. 1 (a) of the Code of Civil Procedure from the order of the Munsiff of Devikulam in O. S. No. 255 of 1993 which is now transferred and numbered as O. S. No. 133 of 1996 before the Sub-Court of Thodupuzha.

(2.) THE appellant was the plaintiff in O. S. No. 255 of 1993 before the Munsiffs Court of Devikulam. That suit was filed for prohibitory injunction restraining the State from resorting to revenue recovery proceedings. Revenue recovery proceedings were initiated for realisation of Rs. 1,60,372/ -. Fixed Court fee was paid under S. 27 (c) of the Court Fees Act showing the valuation as Rs. 500/- THE lower court held that as the subject matter was Rs. 1,60,372/- it exceeded its pecuniary jurisdiction. Thus, on 17. 9. 1996 the lower court directed return of the plaint in order to file it before the Sub Court of Thodupuzha. Aggrieved by that order this CMA is filed.

(3.) LEARNED counsel has not gone through the amendment of S. 27 (c) of the Act as per Act 6 of 1991. This amendment was brought to the attention of the court by the learned Government Pleader. Now as per the amendment a proviso is added to S. 27 (c) of the act as follows: " Provided that where the relief sought by the plaintiff is in respect of money sought to be recovered from him such relief shall not, for the purpose of computation of fee, be valued at an amount less than one half of the amount sought to be so recovered". Thus, the court fee payable is on one half of the amount sought to be so recovered.