JUDGMENT :

Ext.P7 order is under challenge in this Original Petition, as per which, an objection to the question of proper court fee to be levied was relegated to be considered after trial, but as the first issue before deciding other issues.

2. Having heard the learned counsel appearing on both sides, this Court is of the opinion that Ext.P7 order is not in terms of the mandate under Section 12 of the Kerala Court Fees and Suits Valuation Act. Section 12(1) directs that, the court has to decide, based on the materials and allegations on the plaint, whether proper court fee thereon has been paid, which has to be done even before ordering the plaint to be registered. Once the plaint is registered and the defendant appears on notice and rakes up the issue of improper valuation and insufficient court fee, the same has to be heard, going by Section 12(2), before evidence on merits of the claim is recorded. Explanation to Section 12 clarifies that merits of the claim refers to matters which arise for determination in the suit, not being matters relating to the frame of the suit, mis joinder parties and causes of action, but inclusive of matters arising on plea of res judicata, limitation