1. This revision petition has been preferred by the plaintiff in the unnumbered suit O.S.S.R.No.7066 of 1966 on the file of Subordinate Judge, Nagercoil.

2. Before taking the plaint on file, the Court below by order, dated 28.2.1997 directed the petitioner/ plaintiff to remit Rs.13,180 towards stamp duty and penalty in respect of document (item II) filed along with the plaint. Being aggrieved by the said order, the present revision has been referred.

3. The petitioner had instituted the suit for the recovery of Rs.61,000 along with simple interest at the rate of 36% per annum from 16.12.1996 till the date of realisation on the entire mortgage value and costs and to pass a preliminary mortgage decree against the first defendant charged on plaint A Schedule property at Rs.61,000 with interest and also for other consequential reliefs.

4. In paragraph 3 of the plaint, the plaintiff/petitioner stated that the first defendant on 29.1.1994 executed anomalous, unregistered mortgage deed in favour of the plaintiff wherein the first defendant had agreed to repay the said sum of Rs.30,000 with interest on the same at the rate of 36% per annum, and that the first defendant had agree