LAWS(MAD)-2018-4-767

KARTHIKEYAN Vs. THANGAMANI

Decided On April 27, 2018
KARTHIKEYAN Appellant
V/S
THANGAMANI Respondents

JUDGEMENT

(1.) The defendants 2 to 4 in O.S.No.180 of 2001 on the file of Sub-Court, Gobichettipalayam which was since transferred to the District Munsif, Gobichettipalayam and pending on its record as O.S.No.449 of 2004, have come forward with these revision petitions. The set of facts that led to the filing of these petitions is now required to be introduced:

(2.) Heard Mrs.R.Meenal, learned counsel for the petitioners and Mr.R.T.Doraisamy, learned counsel for the respondents.

(3.) The learned counsel for the petitioners submitted that if the correctness of the amended prayer, by which prayer seeking partition was substituted by one seeking delivery of property, is kept a constant, this Court had indicated in its Order in C.R.P.(PD).No.1874 of 2010, that the correct provisions under which court fee has to be paid is one under Section 30, and hence, to let the plaintiff pay the court fee under Sec. 25(a) is impermissible and goes against what this court has directed.