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2009 Supreme(Mad) 4391

M.VENUGOPAL
Mitra & Another – Appellant
Versus
S. Sulakshna & Another – Respondent


Advocates Appeared:
For the Petitioner:Vasudha Thiagarajan & R. Thiagarajan, Advocates. For the Respondents:R1, S.V. Jayaraman Senior Counsel for S. Raghav, & R2, Suresh, Advocates.

Judgment :-

1. The Petitioners/Plaintiffs have filed the Civil Revision Petition as against the Order dated 7. 2007 made in the unnumbered Suit/Plaint in O.S.SR. NO.2719 of 2007 passed by the learned Principal District Judge, Chengleput.

2. The learned Principle District Judge, Chengleput has passed Order on 7. 2007 in the unnumbered Plaint in O.S.SR. No.2719 of 2007 which runs as follows:

“The suit is filed on the basis of the Plaint document No.5 which is a sale deed dated 23.09.2004 purchased in the name of the 2nd plaintiff-Visalashi. On that basis the Suit ought to have been filed for possession of the property described in the schedule in document No.5, instead the plaintiffs have come forward with the Suit for partition which is not correct. As such the plaintiffs are directed to pay the requisite Court fee on the market value of the schedule mentioned property described in document No.5, namely Rs.15 Lakhs as detailed in Para-24 of the Plaint as per the provision of Section 30 of Tamil Nadu Court Fees Act instead of paying Court fee u/S.37 (2) of Court Fees Act. Time for payment of Court fee four weeks

Hence returned.

Sd/-

P.D.J

7. 2007

3. It inspires from the typeset of pape


















































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