Ramanuja Naidu and Others vs Muthu K.R.V. Alagappa Chettiar and Another

Venkatasubba Rao, J.—The learned Subordinate Judge has held that a Court-fee of Rs. 2,200 odd is payable on the plaint, and the plaintiff

files this Civil Revision Petition attacking the correctness of the order. The suit has been instituted u/s 92 of the CPC in respect of Kudal Alagar

and Madhanagopalaswami Devasthanams at Madura. The plaint contains a prayer for various reliefs, such as the removal of the defendant from

trusteeship, the appointment of a new trustee, the settling of a scheme, etc. In addition, the plaintiffs ask for the issue of "" a temporary mandatory

injunction "" to compel the defendant to deposit in Court immediately a sum of Rs. 1,24,000 which the plaintiffs claim is due from the defendant to

the Devasthanams. The Subordinate Judge has held that a Court-fee is payable on this sum to which the relief mentioned relates.

The only question to be decided is : Is this a suit that falls u/s 92, CPC ? Under Article 17 of Schedule II to the Court Fees Act, if a suit is

brought u/s 92, the fee payable upon the plaint is a sum of Rs. 50. A suit to obtain a decree directing accounts and enquiries comes clearly within

the express words of Section 92. The Subordinate Judge has committed a slight error in saying that there is p. prayer for the issue of a mandatory

injunction. As I observed the words used are ""a temporary mandatory injunction."" In any event, the suit is, in my opinion, substantially one u/s 92;

for, all that the plaintiffs in effect ask is, that an account should be taken and that the defendant should be ordered to pay such amount as might be

found due from him on such an account being taken. The sum mentioned in the plaint is merely an estimate and plaintiffs'' valuation of the relief

cannot alter the character of the suit. The Court-fee paid therefore, namely, Rs. 50 is the proper fee and I set aside the order of the lower Court

and allow the Civil Revision Petition with costs.