Madras High CourtCRP(MD)/2011/2021dismissed

K.M.Abdul Rahman v. S.Mohammed Mansoor Ali

2021-12-15Honourable Ms. Justice P.T. Asha2 pages

C.R.P(MD)No.2011 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P(MD)No.2011 of 2021 1.K.M.Abdul Rahman 2.N.S.Syed Jamauludeen 3.J.Mohammed Mussamil ... Petitioners Vs.

S.Mohammed Mansoor Ali ... Respondent PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of India, directing the Principal District Court, Tirunelveli to take on file and number the unnumbered STC (SR.8554) No. of 2021 on the file of the Principal District Court, Tirunelveli within stipulated time fixed by this Court. For Petitioner : Mr.N.GA.Natraj

ORDER

The above civil revision petition has been filed challenging the return made by the learned Principal District Judge, Tirunelveli, directing the suit to be numbered, but however directing the plaintiff to pay the Court fee under Section 22 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. This portion of the order is challenged in this revision.

2.Heard the learned counsel appearing for the petitioner and perused the records.

3.The suit though filed as an Under Chapter suit is a suit for recovery of money. Therefore, the court fee has to be paid only under Section 22 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 and no exception can be taken to the observation of the learned Principal District Judge, Tirunelveli. Consequently, this Civil Revision Petition is dismissed.

4.The Registry is directed to return the original petition to the petitioner, after getting due acknowledgement and the same shall https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.2011 of 2021 be re-presented before the concerned Court after paying the court fee under Section 22 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955, as directed. The said exercise shall be done within a period of one month from today.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:- 1 The Principal District Judge, Tirunelveli 2 The Section Officer, ER Section, Madurai Bench of Madras High Court, Madurai.(Para 4) +1 cc to Mr.N.GANAGA SAPAPATHY, Advocate, SR.No.38906 C.R.P(MD)No.2011 of 2021 Date:15.12.2021 SA (16.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2