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2007 Supreme(Mad) 2174

PRABHA SRIDEVAN
Ramiah & Another – Appellant
Versus
R. Palaniappan & Others – Respondent


Advocates:
For the Petitioner:T.V. Ramanujam, Senior Counsel, for M/s. T.V. Krishnamachari, Advocate. For the Respondent:R1, T.R. Rajagopalan, Senior Counsel, for M/s. P. Veeraraghavan, Advocate.

Judgment :-

An agreement holder, who is aware that he has to pay a sum of Rs.17,96,693/- as court fees on his plaint seeking specific performance, has paid just Rs.300/- along with the plaint; re-presented the same with a delay of 1090 days, which was condoned by a court without jurisdiction; and paid the deficit court fees after three years. The defendant questions the legality of the proceedings by moving these civil revision petitions under Article 227 of the Constitution of India.

.2. The suit was filed by the first respondent herein on 23. 2001. On that date, the suit agreement was not filed along with the plaint and it was returned for that purpose. In paragraph 6 of the plaint, it is stated, "... the plaintiff is paying a sum of Rs.17,96,693/-", but only Rs.300/- was paid along with the plaint. The plaint was returned on 23. 2001 to explain how the suit is maintainable without the sale agreement. Thereafter, the plaint was re-presented on 4. 2004 with a delay of 1090 days. In the affidavit filed in support of the petition for condonation of the delay, the first respondent has stated that he did not know that the plaint had been returned for filing the suit sale agreement. Th
















































































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