LAWS(MAD)-2007-11-554

U CHINNACHAMY PILLAI Vs. STATE OF TAMIL NADU

Decided On November 13, 2007
B.VIJAYALAKSHMI Appellant
V/S
DIVISIONAL ENGINEER (HIGHWAYS AND RURAL WORKS) Respondents

JUDGEMENT

(1.) THIS petition is focussed as against the order dated 01. 12. 2004 passed in o. S. No. 120 of 2004 by the learned I Additional District Munsif, Dindigul and the order dated 22. 09. 2005 passed in O. S. No. Nil of 2005 by the learned Principal district Judge, Dindigul.

(2.) HEARD both sides.

(3.) A re'sume' of facts absolutely necessary for the disposal of this petition would run thus: the petitioner filed the suit for declaration and for injunction relating to the property described in the schedule of the plaint. It appears, initially, it was numbered as O. S. No. 297 of 1997 in the Court of Principal Sub Court, dindigul. Thereupon, on the point of jurisdiction, it was sent to the Court of i Additional District Munsif Court, Dindigul wherein it was renumbered as o. S. No. 120 of 2004. It appears, once again, it was re-transferred to the district Judge and now it is pending. It appears, a cheque slip No. 283/xxvi/s was issued calling upon the plaintiff to pay Court fee on the value of Rs. 24 lakhs as the Court took exception to the methodology adopted by the plaintiff in invoking Section 50 of the Court Fees Act and paying a Court fee of Rs. 200/-instead of valuing the relief under Section 25 (b) of the Tamil Nadu Court Fees act and paying the requisite court fee accordingly.