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2007 Supreme(Mad) 66

S.ASHOK KUMAR
K. Chinnathurai – Appellant
Versus
Allimuthu & Others – Respondent


Advocates:
For the Petitioner:AR.L. Sundaresan, Senior Counsel for AL. Ganthimathi, Advocate. For the Respondents:R. Subramanian, Advocate.

Judgement Key Points

Key Points: - The 4th defendant filed an Interlocutory Application to reject the plaint due to undervaluation, non-payment of court fees, and other reasons, which was dismissed by the Subordinate Judge (!) [21000334540001][21000334540002]. - The sole issue is whether suit valuation under Section 25(d) suffices or court fee under Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act is required (!) . - If plaintiffs are not parties to the sale deed attacked, a suit for declaration (without cancellation relief) is maintainable, valued under Section 25(d), and court fee for declaration is sufficient (!) . - Plaintiffs sought declaration and permanent injunction declaring the sale deed a nullity; they are not parties to the deed and did not pray for cancellation (!) [21000334540001]. - Two prayers (declaration on decree and sale deed) are interconnected; declaring the decree null voids the sale deed, so single court fee for declaration suffices (!) . - Non-filing of sale deed copy with plaint was valid due to impoundment at Sub-Registrar's office; plaint accepted on undertaking (!) . - Plaintiffs' admission of property worth Rs.40 lakhs is irrelevant; as non-parties, valuation under Section 25(d) at Rs.1,11,000 with paid court fee is proper (!) . - Revision dismissed; no illegality in Subordinate Judge's order upholding plaint valuation and refusing rejection (!) .

What is the proper valuation for a suit seeking declaration that a sale deed is a nullity when plaintiffs are not parties to the deed?

Is court fee payable under Section 40 or Section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act in such a suit?


Judgment :-

As against the dismissal of the Interlocutory Application filed by the 4th defendant to reject the Plaint, this revision has been filed.

2. The 4th defendant filed the said I.A., contending that the the suit has been filed for the relief of declaration and permanent injunction claiming that the sale deed dated 112. 2004 executed in favour of the 4th defendant by the Court in REP.No.130/2004 in O.S.No.144 of 2004 is a nullity; along with the plaint the plaintiffs have not filed the copy of the sale deed was not filed and only undertaking has been given subsequently; there are two prayers of declaration, but two separate court fees have not been paid by them; the plaintiffs themselves admitted that the suit property is worth Rs.40 lakhs, but the same has been undervalued and only Rs.1,000/= has been paid as court fee; for these reasons the Plaint is liable to be rejected as the suit is not liable for entertained.

3. The learned Subordinate Judge, Namakkal, on a consideration of the averments and the submissions of the learned counsels appeared on both sides dismissed the said I.A., holding that the valuation of the suit property by the plaintiffs under Section 25(d) of



















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