RAJALAKSHMI AND ORS. Vs. VANIGA VYSYA SANGAM

JUDGEMENT

(1.) The revision petitioners are the defendants in O.S. No. 70 of 2015 on the file of Additional District Munsif Court, Cuddalore. The respondents herein filed the suit in O.S. No. 70 of 2015 for recovery of possession, recovery of arrears of rent and for damages. Before the filing of the written statement, the revision petitioners filed an unnumbered application under Order VII, Rule 11 of CPC read with section 12(2) of the Tamil Nadu Court Fees and Suits Valuation Act, to take the issue regarding the valuation and sufficiency of the Court Fee as preliminary issue and for a direction to pay appropriate court fees and on failure by the respondent-plaintiff, reject the plaint for want of proper valuation.

(2.) The Trial Court, by order dated 29.04.2015, rejected the said unnumbered application in O.S. No. 70 of 2015 on the ground that section 12(2) of the Tamil Nadu Court Fees and Suits Valuation Act is applicable only after the filing of the written statement.

(3.) When it is pointed out to the learned counsel for the petitioner, he has submitted that the revision petition could be disposed of with liberty to file an application under section 12(2) of the Tamil Nadu Court Fees and Suits Valuation Act, after the filing of the written statement. In view of the same, I am not inclined to interfere with the order passed by the learned Additional District Munsif Court, Cuddalore. It is for the revision petitioner to decide as to file an application under section 12(2) of the Tamil Nadu Court Fees and Suits Valuation Act.