RENGANATHA IYENGAR Vs. SUNDARARAJA IYENGAR

JUDGEMENT

(1.) In this case the District Munsif of Devakottah found that the petitioner's suit on re- valuation was beyond his jurisdiction. He ordered him to pay the deficient Court-fee within 15days and when that was not done he rejected the plaint under Order VII, Rule II, Civil Procedure Code.

(2.) There is come divergence of opinion as to what is the proper course in these circumstances but the only case in the authorised reports is Kannuswami Pillai V/s. Jagathambal 46 46 Ind. Cas. 265 : 41 M. 701 : 35 M.L.J. 27 : 8 L.W. 145 : (1918) M.W.N. 497 : 24 M.L.T. 46 which, in my opinion, accords with the plain reading of the Statute. If a Court finds a suit beyond its jurisdiction it cannot do more than order it to be presented in the proper Court. The District Munsif in this case had no jurisdiction, to reject the plaint, and I cancel the order. He is directed to return the plaint.

(3.) The petition is allowed with costs.