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2005 Supreme(Mad) 1549

M.CHOCKALINGAM
Gnanasekaran – Appellant
Versus
Mani – Respondent


Advocates Appeared:For the Petitioner:Srinath Sridevan, Advocate. For the Respondent: -----------.

Judgment :-

(Civil revision petition preferred under Sec.115 of the Code of Civil Procedure against the fair and decretal order dated 8.2.2005 made in CMA No.12 of 2004 on the file of the Principal Sub Court, Nagapattinam, confirming the order returning the plaint dated 5.12.2002 made in O.S.No.184 of 2000 on the file of the District Munsiff Court at Nagapattinam.)

An order of the learned Principal Subordinate Judge, Nagapattinam, dismissing an appeal in CMA No.12 of 2004 filed by the revision petitioner/plaintiff wherein the order of the District Munsif, Nagapattinam, returning the plaint on the ground of valuation, was affirmed, is under challenge.

2. The revision petitioner as plaintiff, filed a suit for mandatory injunction directing the respondent/defendant to vacate the property and hand over possession, along with a permanent injunction. The written statement was filed, and issues were framed by the lower Court. At that juncture, the plaint was verified by the Court Fee Examiner from this Court, and it was found that the valuation of the property is Rs.1,83,125/-, and hence, the Court Fee should have been paid thereon. After hearing both sides, the District Munsif was of the o










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