THAVAMANI Vs. RAVI

JUDGEMENT

(1.) THE civil revision petitioners 1 to 3/defendants 1 to 3 have filed this civil revision petition as against the order dated 20.07.2005 in I.A.No,22 of 2005 in O.S.No.19 of 2004 passed by the learned Subordinate Judge, Nagapattinam in dismissing the application filed by the petitioners under Section 12(2) of Tamil Nadu Court Fees and Suits Valuation Act, 1955.

(2.) THE trial Court, while passing orders in I.A.No,22 of 2005, has among other things observed that 'in the main case written statement has been filed and when the matter has been pending for enquiry at that time no cross examination has been done and necessary orders were passed and at that time the present application has been filed and also that an issue has already been framed in regard to the payment of Court fee and further that in regard to the valuation necessary documents have been filed by the respondent/ plaintiff and as such, the present application is unnecessary and resultantly, dismissed the application.

(3.) ON going through the order passed by the trial Court in I.A.No,22 of 2005, it is quite evident that already an issue in regard to payment of Court fee has been framed by the trial Court (more so the aspect of valuation and payment of proper Court Fee requires factual enquiry) and when such being the fact situation there is no need for the revision petitioners to project the I.A.22 of 2005 in issue and in that perspective, this Court is of the considered view that the interlocutory application filed by the respondent/plaintiff before the trial Court is only a luxury besides supernumerary and not a necessity and resultantly, the civil revision petition fails and the same is hereby dismissed.