T. SURESH Vs. T. SUKUMAR

JUDGEMENT

(1.) This Civil Revision has been preferred under Article 227 of the Constitution of India, challenging the order, dated 04.03.2013 made in I.A. No. 156 of 2011 in O.S. No. 649 of 2010 on the file of the III Additional District Court, Coimbatore. 2. It is seen that the petitioners herein are the plaintiffs in the suit in O.S. No. 649 of 2010 pending on the file of the III Additional District Court, Coimbatore. The petitioners/plaintiffs filed the suit, seeking Judgment and decree, dividing the suit property into three equal shares and allot two such shares in favour of the petitioners/plaintiffs and other consequential reliefs.

(2.) During the pendency of the suit, the respondents, who are defendants in the suit, filed the Interlocutory Application in I.A. No. 156 of 2011 under Section 12 of Tamil Nadu Court Fees and Suit Valuation Act, 1965 r/w Section 151 CPC to decide whether there was payment of proper Court fee, as preliminary issue in the suit and pass appropriate orders. Counter was filed by the first respondent, that was adopted by the second respondent. After considering the petition, counter, all the material papers and also the arguments advanced by both sides, the Court below allowed the Interlocutory Application and directed the petitioners/plaintiffs to pay Court fee under Section 37(1) of the Tamil Nadu Court Fee and Suit Valuation Act (herein after referred to as the Act) for item Nos. 1 to 5 of the suit property, based on the market value on the date of filing of the suit. The Court below appointed an Advocate-Commissioner to decide the market value of the property by taking necessary assistance from the Revenue Department. Aggrieved by which, this Civil Revision has been preferred by the petitioners/plaintiffs.

(3.) As per the copy of the plaint, the value of the suit property, as stated by the petitioners/plaintiffs for the purpose of jurisdiction and Court fee is Rs. 20,02,000/- and Court fee of Rs. 901/- was paid thereon under Sections 37(2), 27(c) and Section 35 of the Act.