Nirmal Bhurath And 6 Others v. Shree Chandraprabhumaharaj Juna Jain Mandir Trust And 2 Others

A.No.5841 of 2022 in C.S.No.195 of 2022 K.KUMARESH BABU,J.

This Court vide its order dated 21.12.2022 had directed the Registry to place a note with regard to the Court fee paid. 2.A report of the Registy has been placed pursuant to the said direction. The same is extracted hereunder:- "It is respectfully submitted that S.Namasivayam, the plaintiff has filed this plaint in C.S.No.195 of 2022 Seeking the following Court Fee which are valued as follows:- Relief Valued at Court Fee Payable Under Section 1.Prayer (a) Scheme Suit Incapable Valuation Rs.200/- U/s.47 Tamil Nadu Court Fee & Valuation Act.

2.Prayer (b) Declaration Rs.5000/- Rs.150/- U/s.25(d) Tamil Nadu Court Fee & Valuation Act.

3.Prayer (c) Permanent Injunction Rs.1000/- Rs.30/- U/s.27(c) Tamil Nadu Court Fee & Valuation Act 4.Prayer (d) Mandatory Injunction Rs.1000/- Rs.30/- U/s.27(c) Tamil Nadu Court Fee & Valuation Act However, it is humbly submitted that the plaintiff has paid a sum of Rs.3,18,000/- in total. The actual Court fee to be paid, is only Rs.410/-. However, excess Court fee of Rs.3,17,590/- is paid and the same has been specifically mentioned in the Court fee paragraph (No.27 in this Plaint)." https://www.mhc.tn.gov.in/judis

K.KUMARESH BABU,J.

3.In view of the report, categorically stating that there is an excess Court fee of Rs.3,17,590/- that has been paid by the plaintiff, the application is ordered as prayed for.

4.Registry is directed to refund the Court fee in the name of the 1st plaintiff within a period of four weeks from today.

5.Applicant is directed to carryout necessary amendment in the plaint at Para 27.

24.03.2023 Gba A.No.5841 of 2022 in C.S.No.195 of 2022 24.03.2023 https://www.mhc.tn.gov.in/judis (1/2)