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2014 Supreme(Mad) 3273

V.M.VELUMANI
Natarajan – Appellant
Versus
Jacob Manohar – Respondent


Advocates Appeared:
For the Petitioner:S. Kadarkarai, Advocate.
For the Respondent:T.S.R. Venkatramana, Advocate.

Judgment :

1. This civil revision petition has been filed to set aside the order passed in I.A.No.96 of 2006 in O.S.No.86 of 2006 on the file of the I Additional Subordinate Judge, Tirunelveli dated 19.07.2006.

2. The revision petitioner is the plaintiff, whereas the respondent is the defendant in the suit in O.S.No.86 of 2006 on the file of I Additional Subordinate Judge, Tirunelveli.

3. The respondent has filed I.A.No.96 of 2006 under Order 7 Rule 11(c) C.P.C. to reject the plaint. According to the respondent, he did not borrow Rs.1,50,000/-from the petitioner on the basis of the promissory note executed on 10.06.2002. He borrowed only Rs.8,500/-and Rs.15,000/- and already he discharged the same on 14.03.2004. The suit promissory note is a fabricated document.

4. According to the respondent, the petitioner paid only Rs.5,500/-as Court fee at the time of filing the suit as against the Court fee payable by him. The petitioner did not comply with the directions of the Court to pay the deficit Court fee for more than 10 months and ultimately the Court fee was paid on 10.05.2006 without any permission from the Court under Section 149 C.P.C. and hence the suit is not valid in law. Whe

















































































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