H. MADHIHA Vs. N. UMAR FAROOK

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 13.11.2013 made in I.A.No.500 of 2013 in O.S.No.648 of 2011 on the file of the II Additional District Court, Erode.

(2.) The petitioner is defendant and respondent is the plaintiff in O.S.No.648 of 2011 on the file of the II Additional District Court, Erode. The respondent filed the said suit for mandatory injunction directing the petitioner to return the plaint schedule mentioned properties. The petitioner filed written statement and is contesting the suit. When the Court framed the issues, it was found that the respondent is seeking return of the movable properties and respondent has to value the suit property as per Section 24 of Tamil Nadu Court Fees and Suit Valuation Act (herein after referred to as 'the Act') and Court fee should be paid on the value of the movables not under Section 27(C) of the Act and therefore issued check slip directing the respondent to value the suit property under Section 24 of the Act and pay Court fee on or before 30.09.2013.

(3.) The respondent on receipt of check slip, filed I.A.No.500 of 2013 under Order 6, Rule 17 and section 151 of C.P.C for permission to amend the plaint with regard to valuation of the suit property at Rs. 4,20,720/- and to pay the Court fee of Rs. 31,554/- under Section 24 of the Act.