P KANTHAMMAL Vs. D S RAJALAKSHMI

JUDGEMENT

(1.) O.S.A. S.R. No. 97884 of 1984 is sought to be preferred by the 2nd defendant in C.S. No. 82 of 1977, against the judgment and decree dated 30-11-1988 passed in that suit. That suit was laid for the recovery of amounts due under two mortgages dated 24.8.1955 and 10.7.1964. Some defences were raised by the appellant in the O.S. Appeal and the other defendant, in the suit, but ultimately, Maheswaran, J. held that the appellant in the O.S. Appeal will not be personally liable for the debts, though the properties claimed by her as belonging to her are liable to be proceeded against, as she did not have any title to those properties. The appellant seeks to question the correctness of this adjudication in the intended O.S. appeal.

(2.) IN the memorandum of valuation, the appellant had given the value of the suit at Rs. 1,96,220-20 and had further stated that a fixed court fee of Rs. 100 is paid under Schedule II Article 3(A) (2) (C) of the Court fees Act. The Registry entertained a doubt whether having regard to the initiation of the proceedings on the Original Side of this Court, the specific provisions made in the High Court fees Rules would apply and not Schedule II, Article 3(A) (2) (C) of the Tamil Nadu Court fees and Suits Valuation Act and that is how the matter has been placed before us.