CONGREGATION OF ZION LUTHERAN CHURCH PRANTHANERY REP BY ITS MEMBER R RAJESH Vs. INDIA EVANGELICAL LUTHERAN CHURCH REP BY ITS GENERAL TREASURER

JUDGEMENT

(1.) The statement of objects and reasons for enactment of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (hereinafter referred to as the 'Act') reads as under:

(2.) In view of the objects of the Act, one of the questions, which arises for consideration in this suit, is whether the suit should be tried in this Court or deserve to be referred to the City Civil Court, Chennai, for adjudication, as the applicants, by reducing the pecuniary valuation of suit, could have filed suit before the City Civil Court.

(3.) Learned counsel for the plaintiffs/applicants vehemently contended that Section 15 of the Code of Civil Procedure, which lays down that every suit is to be instituted in the lowest Court competent to try, is not applicable to the Chartered High Court, as under Clause 12 of the Letters Patent, this Court is competent to try suit of any description.