value of suit for redemption of mortgage is, amount due on mortgage and hence, Plaintiff is at liberty to pay Court fee on such amount when suit is in.

Valuation of Suit - Mortgage - Tamil Nadu Court Fees and Suit Valuation Act, 1955, Section 33(8) - Original suit was filed for redemption of mortgage by Respondent/plaintiff - Appellants / Defendants 1 and 4 had taken out application to decide pecuniary jurisdiction of trial court Petition was contested by Plaintiff - After hearing both sides, trial court proceeded to dismiss appli- cation - Aggrieved by trial court order, Defendants 1 and 4 have approached this court with revision Whether suit filed by Respondent/plaintiff has been properly valued - Held, as per proviso to sub- section 8 of Section 33, where amount due on mortgage is found to be more than amount on which fee has been paid by plaintiff, no decree shall be passed until deficit court fee is paid - In so far as this suit is concerned, amount due on mortgage is not found to be more than amount on which fee has been paid by plaintiff and therefore, first proviso to sub- section 8 of Section 33 will not come into operation - As envisaged under sub- section 8 of Section 33, Plaintiff has stated actual amount due and this amount appears to have been deposited before trial Court - Plaintiff has valued relief sought and has also paid appropriate court fee - Under sub-section 8 of Section 33, value of suit for redemption of mortgage is, amount due on mortgage and hence, Plaintiff is at liberty to pay Court fee on such amount when suit is in - Court does not find any discrepancy or infirmity in order of court below - Petition dismissed. 

[Dr. C. Chandran v. Sethuramachandran]

(T. MATHIVANAN, J.)

(2016) 2 MLJ 285