Court Fees Non-Party to document - Court fee should be paid under Section 25(d) of Act and it was not necessary to insist Plaintiff to pay Court fee under Section 40 of Act

Citation

(2023) 2 MLJ 395

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Present:

Hon'ble Mr. Justice S.M. Subramaniam

C.R.P.No. 85 of 2023

Kathiramma and Another

Versus

Pasavaraj and Others

2nd February, 2023

Petitioners

Respondents

Civil Procedure- Court Fees Non-Party to document - Tamil Nadu Court Fees and Suits Valuation Act, 1955, Sections 25 and 40- Petitioners/Plaintiffs filed suit for partition and sought relief of Declaration to declare sale deeds as null and void - Plaint returned on ground that Court fee was to be paid under Section 40, hence this revision to direct Sub Court to number suit and take suit on file - Whether Court fee should be paid under Section 25(d) or 40 of Act - Held, when Plaintiff, who instituted Suit was not party to document, which was sought to be declared as null and void, Court fee should be paid under Section 25(d) of Act and it was not necessary to insist Plaintiff to pay Court fee under Section 40 of Act - Petitioners had already paid Court fee under Section 25(d) of Act and said factum shall be verified by Sub-Court and if papers were otherwise in order, suit was to be numbered and taken on file for adjudication - Revision allowed.