Jaya Murugesan and Others vs Ranjitham Ammal and Others

A.C. Arumugaperumal Adityan, J.—Heard the learned Senior Counsel appearing for the revision petitioners.

Under this revision, the order passed in O.S.C.F.R. No. 14298A of 2008 on the file of the Court of Principal District Judge, Coimbatore is

under challenge. Under the impugned order, the learned trial Judge has directed the revision petitioners/plaintiffs to pay the Court fees for the relief

asked for under the plaint u/s 25(b) of the Tamil Nadu Court Fees and Suits Valuation Act 1955 (hereinafter referred to as"" Act"").

The learned Senior Counsel for the revision petitioners would contend that under the plaint, the plaintiffs have prayed for declaration that they

are entitled to plaint ""A"" schedule property and that the defendants 2 and 3 are entitled to plaint ""B"" schedule property. Apart from the declaratory

relief, the plaintiffs have not asked for any consequential relief of possession or for injunction. Only if there is a prayer for declaration and

possession, the plaintiffs are liable to pay the Court fees u/s 25(a) of the Act. If there is a prayer for declaration and consequential injunction then

they are liable to pay the Court fees u/s 25(b) of the Act. In respect of other cases, the plaintiffs are liable to pay the Court fees only u/s 25(d) of

the Act. On a perusal of the copy of the plaint produced along with the typed set of papers will go to show that the plaintiffs have paid the Court

fees u/s 25(d) of the Act. Under such circumstances, the order passed by the learned Principal District Judge, Coimbatore in O.S.C.F.R. No.

14298A/2008 requires interference from this Court.

In fine, this civil revision petition is allowed and the order passed by the learned Principal District Judge, Coimbatore in O.S.C.F.R. No. 14298

A/2008 dated 16.12.2008 is hereby set aside and the learned Principal District Judge is directed to number the plaint and to proceed with the

same in accordance with law. Consequently, connected M.P. No. 1 of 2009 is closed. At this juncture the learned Counsel for the revision

petitioner would represent that he has filed the original plaint in O.S. No. C.F.R. No. 14298A/2008 along with the civil revision petition. Registry

is directed to return the original plaint on proper acknowledgment today itself.