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1964 Supreme(Ker) 49

C.A.VAIDIALINGAM
JOSEPH – Appellant
Versus
JOSEPH – Respondent


Judgment :-

1. In this revision petition Mr. L. Gopalakrishnan Potti, learned counsel for the plaintiff-petitioner, challenges the order dated 8th February 1963 passed by the learned Subordinate Judge of Meenachil directing the plaintiff in O. S.6/1963 to pay additional court fees.

2. Admittedly the plaintiff has brought the suit for an injunction, and he has also stated that for purposes of injunction, as is necessary under S.27 [c] of the Kerala Court Fees and Suits Valuation Act, 1959, he has fixed the value at Rs. 150/-and it is on that basis that he has paid the court fee on the plaint.

3. The suit has been admittedly instituted in the court of the Subordinate Judge, and there is no controversy that the plaintiff has given the valuation in the plaint for purpose of jurisdiction at Rs. 5,500,'-Objection was taken regarding the sufficiency of the court fee paid; and the learned Subordinate Judge, by the order under attack, is of the view that the value given by the plaintiff in the plaint for purposes of jurisdiction at Rs. 5,500/-, must be considered under S.53 of the Act to be the value for purposes of court fee also; and accordingly the plaintiff has been directed to pay additi






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