M.Saravanan v. Jaya Samraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM:

THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI M. Saravanan .. Petitioner Vs 1.Jaya Samraj 2.Kanagaraj .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the impugned document order dated 11.10.2023 in AS(SR) 3357 of 2023 on the file of the Principal District Court, Coimbatore.

For Petitioner : Mr. K. Sharath Chandran

O R D E R

This Civil Revision Petition is filed challenging the docket order dated 11.10.2023 in AS(SR).No.3357 of 2023, the appellant has preferred this revision.

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2. Before the appellate Court, the appellant / petitioner herein presented the appeal challenging the lower Court decree as a plaintiff / petitioner herein on 31.08.2023 and the same was returned stating that the Court fee paid by him is not sufficient.

3. The learned counsel for the petitioner submitted that the Court fee paid in the new amended Act has not been accepted by the appellate Court. Aggrieved by the said finding, the petitioner has preferred this revision.

4. In a similar situation, there was a case pending before the Division Bench of this Court in Review Application No.141 of 2023, wherein the parties are directed to pay the Court fee as per the new amended Act.

5. On perusal of the records, the appeal was filed by the appellant / plaintiff based on the new amended Court fee Act. As on date, 2/4

the matter is pending before the appellate Court but subject to out come of the findings of the civil Court, the appeal is ordered to be taken on file as per the Court fee paid by the appellant / petitioner herein, within two weeks from the date of receipt of copy of this order.

6. Registry is directed to return the appeal copy within one week.

7. In the result, the Civil Revision Petition is allowed. No costs. 18.12.2023 Index :Yes/No AT To The Principal District Court, Coimbatore.

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T.V.THAMILSELVI, J.

AT 18.12.2023 4/4