GNANASEKARAN Vs. MANI

JUDGEMENT

(1.) AN order of the learned Principal Subordinate Judge, Nagapattinam, dismissing an appeal in CMA No.12 of 2004 filed by the revision petitioner/plaintiff wherein the order of the District Munsif, Nagapattinam, returning the plaint on the ground of valuation, was affirmed, is under challenge.

(2.) THE revision petitioner as plaintiff, filed a suit for mandatory injunction directing the respondent/defendant to vacate the property and hand over possession, along with a permanent injunction. THE written statement was filed, and issues were framed by the lower Court. At that juncture, the plaint was verified by the Court Fee Examiner from this Court, and it was found that the valuation of the property is Rs.1,83,125/-, and hence, the Court Fee should have been paid thereon. After hearing both sides, the District Munsif was of the opinion that it is a fit case where the Court Fee was to be paid for Rs.1,83,125/-, and apart from that, that Court lacks jurisdiction to entertain the suit and hence, returned the plaint for proper presentation before the appropriate Court. Aggrieved over the same, the plaintiff took it on appeal before the Sub Court, Nagapattinam, in CMA No.12 of 2004. Opportunity of being heard was given to both sides, and the learned Subordinate Judge was of the opinion that the order of the trial Court was to be affirmed, and hence, this revision at the instance of the plaintiff.