The Order of the Court was as follows :

The petitioner is aggrieved by the order refusing to try the suit relating to Court-fees as a preliminary issue.

2. The respondent filed O.S. 130/98

"for redemption of mortgage and deliver vacant possession of the suit property to the plaintiff . . .and also pay damages for the illegal use and occupation . . . and for other releifs."

The suit was filed in 1998. The petitioner herein filed her written statement denying her liability and prayed for dismissal of the suit. An additional written statement was filed by her stating that the respondent is not entitled to seek recovery of possession without paying the proper Court-fees. To this, a reply statement was filed in November, 1999. Thereafter, I.A. 457/99 was filed by the petitioner under Order 14, Rule 2, C.P.C. and Section 12(2) of the Tamil Nadu Court-fees Act to try the additional issues Nos. 1 and 4 relating to Court-fees as preliminary issue. This was resisted by the respondent herein. The Court below refused to try these issues as preliminary issue and postponed them for decision along with other issues. Aggrieved by this, the revision has been filed.

3. Mr. Lakshmi Narayanan