J SHANKER Vs. P JAYABAL

JUDGEMENT

(1.) AGGRIEVED over the order passed in I.A.No:59 of 2006 filed by the review petitioner/plaintiff, reversing the order directing the plaintiff to value the suit under Section 37(2) of the Tamil Nadu Court Fees Act and not under Section of the Court Fees Act as directed earlier in the earlier Interlocutory Application No:605 of 2005, this Revision has been filed by the 1st defendant.

(2.) THE plaintiff/respondent has filed the suit for declaration of title of A schedule property and for consequential injunction as against the defendant and for reopening the partition deed dated 19.1.2001 by effecting a fresh partition of B Schedule property by dividing into 4 equal shares and for allotting one such share to the plaintiff. As such, he valued the suit A Schedule under Section 25(b) of the Court Fees Act and for half of the market value paid a court fee of Rs.958/=. Since the plaintiff wanted to ignore the partition dated 19.1.2001 as it was obtained by coercion, undue influence and fraud he did not seek for cancellation of the said partition deed and paid a court fee under Section 37(2) of the Act as far as B Schedule of property is concerned.

(3.) MR. N. Manokaran, Learned counsel for the revision petitioner/defendant contended that the trial court's power of review can be exercised only for correction of a mistake and not to substitute a view and the review cannot be treated as an appeal in disguise. Further, the power of review is not an inherent power. In exercise of the jurisdiction under Section 114 CPC, it is not permissible for a decision to be reheard and corrected as held by the Apex Court in AIR 2000 (SC) 1650 and in 1998 (1) CTC 25.