Suit for declaration - declare that plaintiff is legal heirs of "c" and regarding bank deposit of "C" - Permanent injunction restrain the defendant not to interfer with the enjoyment of bank depost and immovable property.
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
Para 21 to 22, 32 & 33
Comparative Citations:
2003 (4) CTC 268, 2003 (4) LW 698, 2003 (3) MLJ 632
Overruled by (Partly)
2012 (5) CTC 705, 2012 (5) LW 197,
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