T.M. MUTHUKRISHAN Vs. K. SUSILA

JUDGEMENT

(1.) The revision Petitioner/Plaintiff filed this revision Petition against the order, dated 13.09.2005 made in unnumbered O.S.S.R. No. 334 of 2005 on the file of the District Munsif Court, Alandur. For the sake of convenience, the Plaintiff in the original suit is referred as the revision Petitioner and the defendants in the original suit are referred as respondents hereafter.

(2.) The revision Petitioner has filed a suit and in the plaint, the revision Petitioner prayed for cancellation of the sale deed, dated 30.11.2004 registered as document No. 200404942 of 2004 on the file of the third respondent and for costs. In the above said plaint, the revision Petitioner valued the suit for the purpose of court fees and jurisdiction under Schedule II Article 17(iii) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 and paid a sum of Rs. 200/- + Rs. 70.50/-.

(3.) The trial Court has posted the case for several hearings and heard the the learned counsel appearing for the revision Petitioner and also considered the written arguments filed by the revision Petitioner and finally passed an order on 13.09.2005. In the above said order, the trial Court has held that the revision Petitioner filed the suit for cancellation of an instrument and therefore proper court fee payable under Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act (i.e.) as on the value of the subject-matter of the suit and not under Schedule II Article 17(iii) of the Tamil Nadu Court Fees and Suits Valuation Act. Therefore the trial Court has returned the plaint and directed the revision Petitioner to value the suit and pay proper court fee as per Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act and represent the plaint within a period of one month.