SUNDARRAJAN Vs. VELLAI VINAYAGAR KOIL

JUDGEMENT

(1.) The petitioners have filed this Civil Revision Petition against the fair and decretal orders passed on O.S.No. 295 of 1992 on the file of the Additional District Munsif, Tirukoilur dated 7-6-2000 dismissing the application filed by the petitioners in I.A.No. 494 of 1999 raising preliminary objection with reference to the inadequacy of Court-fee paid.

(2.) The short facts are these :-

(3.) When the Registry questioned maintainability of the Civil Revision Petition under Section 115 C.P.C., as there is no provision in the Madras Court-Fees and Suits Vauation Act or other statute which enables the petitioner to move the High Court by way of Revision on the matter of Court-fees payable on a plaint, on the strength of a decision of the Supreme Court in Rathnavarmaraja v. Smt. Vimla, AIR 1961 SC 1299 the papers were represented by the counsel for the petitioners stating that the question of payment of Court-fee is not the matter in dispute and the question would relate to the pecuniary jurisdiction of the trial Court and therefore, the Civil Revision Petition is maintainable.