Whether proper court-fee is paid on a plaint is primarily a question between the plaintiff and the State

Citation

CDJ 2004 MHC 061

Solaiammal (died) and others vs Rajarathinam and others

Head note

Tamil Nadu Court Fees and Suits Valuation Act - Section 25(d) and 27(c) - Valuation of Suit - Plaintiff's prayer for declaring her as the Legal Heir and the relief of permanent injunction valued under Section 27(c) of the Act relating to immovable property and FDRs as noted above. Though the suit is one for bare permanent injunction the relief in substance asked for is only to declare the plaintiff being entitled to the Fixed Deposits and to withdraw the same and also relating to the immovable properties - Whether proper court-fee is paid on a plaint is primarily a question between the plaintiff and the State and that the defendants who may believe and even honestly that proper court-fee has not been paid by the plaintiff has still no right to move the superior courts by appeal or in revision against the order adjudging payment of court-fee payable on the plaint - In the case in hand plaintiff is said to be aged about 70 years. The learned counsel appearing for the Revision Petitioner/ Plaintiff submitted that the aged woman like the plaintiff cannot be harassed to pay the heavy court fee and further dragging her to the Sub Court. In the realm of proper valuation of the plaint and payment of correct court fee, absolutely there is no place in Judicial Generosity. Correct valuation of the plaint and the payment of correct court fee for the purpose of pecuniary jurisdiction cannot be sacrificed showing judicial generosity -.The finding of the District Munsif, Thuraiyur that the suit is not properly valued/on the market value is based upon the facts and materials. There is no reason warranting interference. The order of the learned District Munsif, Thuraiyur is to be confirmed and this civil revision petition is bound to fail. The Revision Petitioner/Plaintiff is directed to present the plaint in proper court on payment of proper court fee.

Para 21 to 22, 32 & 33

Comparative Citations:
2003 (4) CTC 268, 2003 (4) LW 698, 2003 (3) MLJ 632