M.SARAVANAKUMAR Vs. P.K.CHINNAMOKKAIYAN

JUDGEMENT

(1.) The petitioner is the plaintiff and the respondents are the defendants. Originally the petitioner herein filed Pauper O.P.No.2 of 2009 before the District Court, Theni. Subsequently the same has been transferred to Sub Court, Uthamapalayam on the ground that the value of the suit is less than Rupees ten lakhs and the Sub Court, Uthamapalayam had numbered the said petition as Pauper O.P.No.1/2010 and thereafter dismissed the said petition on merits. Aggrieved over the same, the petitioner herein filed C.M.A.No.3 of 2012 before the District Court, Theni. The District Judge, Theni had come to the conclusion that the value of the suit is more than Rs.10 lakhs and directed the office to take Pauper O.P. on file in the District Court itself. Subsequently, the Pauper O.P. has been renumbred as Pauper O.P.No.2 of 2013 on the file of the District Court, Theni. The learned District Judge, after considering the submissions made by both the parties had dismissed the Pauper O.P.No.2/2013 on merits by its order dated 09.03.2015. While dismissing the Pauper O.P. the learned District Judge had clearly stated that a sum of Rs.91,320.5 has to be paid as Court fee as per Sections 40, 25(a) and 44 of Tamil Nadu Court Fees and Suits Valuation Act for the total value of Rs.12,17,600/- and further ordered that the suit can be taken on file if the Court fee is paid within a period of two weeks.

(2.) While the matter stood thus, the petitioner herein filed an application under Order VI Rule 17 of C.P.C. to amend the plaint by reducing the vale of the suit as well as the Court fees. The learned Trial Judge returned the amendment application as the same is not maintainable. Aggrieved against the said return, the petitioner is before this Court.

(3.) The learned counsel for the petitioner submits that the interlocutory application is maintainable under Section 14 of the Court Fee Act and the amendment sought for by the petitioner is only to avoid payment of excess Court fee. He would also submit that Section 14 of the Court Fee not only applicable to the pending proceedings, but it is also applicable at any stage of the proceedings. Hence, he prayed this Court to direct the Trial Court to take athe amendment petition on file and allow the petitioner to pay the Court fees as per the amended plaint.