SIVAKAMI Vs. NALLATHAL

JUDGEMENT

(1.) This A.S. SR No.44524/2017 before me on the question of maintainability. The Appellant has filed this Appeal against the Decree dated 18.1.2017 passed in O.S. No.365/2013 on the file of the I Additional District Court, Coimbatore.

(2.) The said Suit was one for Partition. At the time of filing of the Suit in 2013, as per the unamended Court Fees Act. the Plaintiff had paid a Court-fee of Rs. 750 as per Sec. 37(2) of the Tamil Nadu Court Fees and Suit Valuation Act. In the Appeal also, the Appellant had paid a Court-fee of Rs. 750. The Appeal was presented on 19.6.2017. On the date of the filing of the Appeal, the Tamil Nadu Court Fees and Suit Valuation Act was amended by Act 6/2017 had come into force. As per the amended provisions, the Court-fee payable in a Suit for Partition filed before any Court other than the High Court is Rs. 5,000. The Registry had demanded the Court-fee as per the amended Sec. 37(2).

(3.) The learned Counsel for the Appellant has made the following endorsement.