M THANDAVARAYA POOSALI Vs. M PERIYASAMY ASARI

JUDGEMENT

(1.) THIS revision petition filed under Sec.115 of the Civil Procedure Code is to set aside the fair and decretal order of the Subordinate Judge's Court at Kallakurichi in I.A.No.148 of 1997 in O.S.No.15 of 1996 dated 27.9.1999 directing the petitioners/plaintiffs to pay an additional court-fee of Rs.83,225.30 on the ground that the suit was under-valued.

(2.) THE petitioners have filed the suit in O.S.No.149 of 1989 on the file of the Sub Court, Virdhachalam against the respondents/ defendants for declaration of the title of the suit property, for delivery of possession and to pass a decree for mandatory injunction to demolish the construction made by the respondents in the suit property.

(3.) APART from those issues, no other issues can be tried as preliminary issue by the court. The issue relating to the valuation of the court-fee, which has been decided as a preliminary issue in the instant case does not fall in the category of the preliminary issues, which are permissible to be tried under the provisions of O.14, Rule 2.