J.VASANTHI Vs. N.RAMANI KANTHAMMAL

JUDGEMENT

(1.) This memorandum of Civil Revision Petition has been filed against the fair and decretal order dated 23.12.2014, made in I.A.No.94 of 2014 in O.S.No.20 of 2014 on the file of the Principal District Court, Dindigul.

(2.) The petitioners are defendants 3,4 and 5 in the Suit in O.S.No.20 of 2014. One N.Ramani Kanthammal filed the Suit in O.S.No.20 of 2014, for declaration that said Ramani Kanthammal and the seventh defendant in the Suit are the owners of the suit schedule property, for declaration that the sale deeds, in Doc.No.922/1991, dated 30.08.1991, Doc.No.805/1991, dated 07.08.1991, Doc No.330/1994, dated 23.03.1993, Doc No.2395/1994, dated 04.01.1994, Doc.No.1239/2002, dated 16.07.2002, Doc.No.2097/2002, dated 10.06.2002 and Doc.No.214/2004, dated 11.03.2004, as null and void and for permanent injunction. The petitioner filed I.A.No.94 of 2014 under Order 7 Rule 11 (b) r/w Section 151 C.P.C. to direct the plaintiff to pay the Court fees under Section 40 of Tamil Nadu Court Fees Act and if the plaintiff failed to pay the Court fee, then plaint has to be rejected, since the plaint is undervalued.

(3.) According to the petitioners, Court fee has been paid by the plaintiff under Section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. The plaintiff is seeking documents as null and void, which amounts to seeking a relief of cancellation of the said documents. Therefore, Court Fee is payable only under Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 and if the plaintiff failed to pay the Court Fee, then the plaint has to be rejected, since the plaint is undervalued.