K SUBRAMANIAN Vs. K ARANGANATHAN (DECEASED)

JUDGEMENT

(1.) Challenging the order in memo dated 28.09.2011 in O.S.No.346 of 2004 on the file of the 1st Additional District Munsif, Virudhachalam, the petitioners have filed the above Civil Revision Petition.

(2.) According to the petitioners/defendants 1 to 3, the brief facts of the case is that the suit was filed for the purpose of declaration and permanent injunction. When the suit is pending for trial the plaintiff/deceased first respondent herein has filed an undated memo before the trial Court for the purpose of seeking permission to pay the deficit stamp duty with penalty on the purported release deed dated 19.06.1990, as the same was unregistered and the said deed was not properly stamped.

(3.) On the other hand, the petitioners/defendants 1 to 3 made objection on the part of calculation of the deficit Court fee. The plaintiff has already filed a petition in I.A.No.2955 of 2004 in O.S.No.346 of 2004 seeking permission to pay the deficit stamp duty with penalty on the release deed dated 19.06.1990 and the same was dismissed. Against dismissal, CRP No.2180 of 2004 was filed and the same was dismissed. Subsequently, the respondent filed a memo before the lower Court by wrongly interpreting the order of this Court passed in CRP.No.2180 of 2004. After hearing both parties, the lower Court passed the impugned order in the undated memo permitting the plaintiff/deceased first respondent herein to pay the entire stamp duty along with penalty till date.