M ALAGESAN Vs. J ESAKKIMUTHU

JUDGEMENT

(1.) The order dated 28.09.2010 passed in Interlocutory Application No.143 of 2009 in Original Suit No.35 of 2009 by the learned Additional District Munsif, Tuticorin is being challenged in the present Civil Revision Petition.

(2.) The respondent was the plaintiff and the Petitioner was the defendant in the suit. The respondent filed suit in O.S.No.35 of 2009 against the petitioner before the learned Additional District Munsif, Tuticorin, for the relief of permanent injunction. In the meantime, the petitioner herein filed an interlocutory application in I.A.No.143 of 2009 in O.S.No.35 of 2009 before the Additional District Munsif, Tuticorin, to frame the following additional issues:-

(3.) The respondent in his counter affidavit specifically stated that the present suit is filed only for permanent injunction and therefore, they have valued the relief sought for in the plaint at Rs. 1,000/- and paid the necessary Court fee of Rs. 75.50 under Section 25(c) of the Tamil Nadu Court Fee Act. Therefore, the improper valuation of the suit and payment of lesser Court fee do not arise. Accordingly, the learned District Munsif, Tuticorin, have the jurisdiction to entertain the suit.