C JOTHIRLINGAM Vs. S R JAYARAMAN

JUDGEMENT

(1.) THE order passed in I. A. No. 1981 of 2005 in O. S. No. 1138 of 2005 on the file of the First Additional District Munsif, Salem is under challenge before this Court in this revision petition. The said application was filed under Order 7 Rule 11 (B) CPC to reject the plaint in limini as not maintainable since the suit is under valued. After contest, the learned trial Judge has held that the Court fee paid under Section 25 (d) of the Tamil Nadu Court Fees and Suit Valuation Act 1955 (hereinafter referred to as "the said Act") is not correct and the Court Fee ought to have been paid under Section 40 of the said Act since the value of the subject matter of the suit is Rs. 30,00,000/ -.

(2.) MR. K. DORAISAMI, the learned Senior Counsel appearing for the revision petitioners would contend that the plaintiffs have filed the suit on the ground that the impugned sale deed executed by their power of attorney agent one year after the cancellation of the power dated 24. 7. 2004 is not valid under law and that only for cancellation of the said sale deed, they had filed a suit, paying the Court fee under Section 25 (d) of the said Act. Section 25 (d) of the said Act reads as follows:

(3.) UNDER such circumstances, I am of the view that the plaintiffs have to pay the Court fee under Section 40 of the said Act since the plaintiffs have sought for cancellation of a document viz. , sale deed said to have been executed by their power of attorney agent, after the cancellation of the power for a sum of Rs. 30,00,000/ -.