R NAGARAJAN Vs. R N NACHIMUTHU

JUDGEMENT

(1.) THIS civil revision petition has been filed against the order requesting the trial Court to decide the payment of Court fee as a preliminary issue.

(2.) ACCORDING to the revision petitioner herein, a suit is filed for declaration and possession. In a notice given by the plaintiff in the suit, it has been stated that the value of the property is Rs. 2,15,000/- but when the suit was filed, the suit was valued at Rs. 10,000/- and the Court of Rs. 750/- has been paid. In the written statement filed by the revision petitioner/defendant in the suit, this ground has been raised stating that the property has not been valued properly for the purpose of court fee. The defendant wants the matter to be decided as a preliminary issue but the learned District Munsif has dismissed the petition. Against the same, the present civil revision petition has been filed.

(3.) LEARNED counsel for the petitioner submits that as per the decision of this Court reported in Raju Gramani V. Srinivasa Gramani 1958 (1) M. L. J. 308, it is held that "objection by defendant relating to Court fee- If could be raised only in the written statement. " In the instant case, the petitioner has mentioned in the written statement that this issue should be decided as a preliminary issue.