T.N.SINGARAVELU
Selvakumar Rice And Oil Mills, Salem By Its Partner, R. S. Gunasekaran – Appellant
Versus
Tamil Nadu Electricity Board (S. E. E. D. , Undertaking) Rep. By Its Divisional Engineer – Respondent
T.N. Singaravelu, J.
1. The plaintiff in the suit is the revision petitioner. He filed the suit against the Electricity Board for a declaration that the application of tariff code mentioned in the plaint is arbitrary, illegal and ultra vires and for an injunction restraining the defendants. Board from collection the amount. The plaintiff valued the suit under Section 25(d) of the Court-fees Act, and a court-fee of Rs. 30.50 wits paid on each of the two reliefs. On objection, the lower Court took up the issue of court-fee as a preliminary issue and held that the plaintiff is bound to pay the court fees for the amount which he wants to save by filing the suit, in other words the plaintiff was directed to pay the court-fee on the bill amount of Rs. 5,000 and odd. The plaintiff is aggrieved and he has come forward with this revision.
2. I have heard Learned Counsel for both sides. This suit is for a declaratory relief not covered by Section 25(a), (b) or (c), of the Act. The consequential relief of injunction is not with reference to immovable property and hence Section 25(b) will not apply. No relief of declaration is sought for in respect of title to any immovable property. Only t
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