JUDGMENT :

Petitioner herein is the plaintiff in the suit O.S.No.47/2008, originally filed before the Munsiff Court, Ponnani, and subsequently transferred to the Sub Court, Tirur, based on pecuniary jurisdiction and re-numbered as O.S.No.20/2014. Petitioner herein is aggrieved by Ext.P3 order of the learned Sub Judge, wherein the prayer of the petitioner/plaintiff to treat an amended relief as ancillary to the main relief sought for in the plaint – for the purpose of court fee -is rejected. The suit, as filed originally was one for fixation of boundary between plaint A and B schedule properties and also for injunction. Pendende lite, the plaint was amended and a relief for recovery of possession as well -in case any extent of land which belongs to the plaintiff is found to be in the possession of the defendants – was incorporated. For the purpose of court fee, the plaintiff/petitioner seeks to treat the amended relief for recovery of possession, as ancillary to the main relief for fixation of boundary and relied upon the Proviso to Section 6 of the Kerala Court Fees and Suits Valuation Act (herein after referred to as 'the Act'). This contention is seen rejected by the impugned Ext.