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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR, J.
S. Semmalai – Petitioner
Versus
All India Anna Dravida Munnetra Kazhagam – Respondent
C.M.P. No. 19975 of 2022, A.S. No. 338 of 2022
Decided On : 23-01-2023
Tamil Nadu Court-Fees and Suits Valuation Act, 1995 - Section 52 - Code of Civil Procedure, 1908 - Section 151 read with Order VII Rule 11(b) - Order 1 Rule 8 - Appeal Suit - Seeking to reject the plaint - Whether the plaint is maintainable - Whether the relief sought for can be adjudicated upon on the basis of the averments found in the plaint – Held, Court is not in a position to adjudicate on the rights of the parties and the relief sought for in the suit on merits - The narrow scope of the petition for rejection of the plaint is entitlement of the plaintiff to maintain the plaint based on the averments found thereon - Rights of the parties are not adjudicated based on the evidence let in by both the parties - In fact, even the defense raised by the defendant cannot be taken into consideration while considering the application for rejection of the plaint - Dismissed
ORDER :
Prayer in C.M.P.No. 19975 of 2022: Civil Miscellaneous Petition is filed under Section 151read with Order VII Rule 11(b) of the Code of Civil Procedure, read with Section 52 of the Tamil Nadu Court-Fees and Suits Valuation Act, 1995, praying to direct the appellants to remit the Court Fee as per the value of relief claimed in the suit, failing which dismiss this Appeal Suit.
Prayer in A.S.No. 338 of 2022 First Appeal is filed under Section 96 of the Civil Procedure Code, 1908, praying to set aside the decretal order dated 11.04.2022 passed in I.A.No. 10 of 2021 in O.S.No. 1413 of 2021 on the file of the IV Additional City Civil Judge, Chennai.
1. This petition is filed by the petitioner/4th respondent seeking a direction to the respondents 1 to 3/appellants to remit the Court fee as per the value of relief claimed in the suit and on their failure, to dismiss the appeal.
2. The respondents 1 and 2 filed the present appeal, challenging the order passed by the learned Trial Judge, allowing the application filed by the 6th respondent herein, seeking to reject the plaint. The respondents 1, 2 and 11 herein filed a suit seeking following reliefs:
(ii) For a declaration in favour of respondents 1, 2 and 11 that the notification dated 12.03.2017 issued by the deceased 4th respondent/second defendant in his alleged capacity as Presidium Chairman of the first respondent party, whereby, the 4th respondent appointed himself as Chief of Board and the 5th respondent as the alleged Treasurer and the 6th respondent as Organizing Secretary of the first respondent party is illegal, void and not binding upon the plaintiff.
(iii) The respondents 1, 2 and 11, the plaintiffs in the suit also sought for a declaration in their favour that the notice dated 28.08.2017 issued by the 4th respondent herein is illegal and inoperative and void.
(iv) For declaration in favour of the plaintiffs in the suit that the alleged meeting dated 12.09.2017 convened by the defendants and their supporters under the guise of AIADMK (All India Anna Dravida Munnetra Kazhagam) representing themselves as the representatives of the first respondent party is illegal and void.
(v) For declaration in favour of the plaintiffs in the suit that all resolutions passed and adopted by the defendants and their supporters in the alleged meeting dated 12.09.2017 and all consequential actions taken by the defendants and their supporters acting upon the same are illegal, inoperative and void.
(vi) For permanent injunction in favour of the plaintiffs in the suit restraining the petitioner and respondents 4 to 7 from holding out themselves as office bearers and members of the first respondent party on account of their expulsion in February 2017.
(vii) For permanent injunction in favour of the plaintiffs against the respondents 4 to 6 from carrying out any consequential act by virtue of Notification dated 12.03.2017 illegally issued by the 4th respondent in his alleged capacity as Presidium Chairman of the first respondent party whereby the 4th respondent appointed himself as Chief of the Board and the 5th respondent as the alleged Treasurer and 6th respondent as organizing Secretary of the first respondent party.
(viii) For permanent injunction in favour of the plaintiffs and against the respondents 3 to 7 from giving effect to resolution 1 to 12 passed and adopted by them in the meeting dated 12.09.2017 and from carrying out any consequential acts thereto.
(ix) Pass a decree of permanent injunction in favour of the plaintiff restraining the petitioner and respondents 3 to 7 from operating any bank accounts of the first respondent party.
(x) Permanent injunction in favour of the plaintiffs
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
A defendant must file a written statement to dispute the plaintiff's valuation; reliance on external valuation certificates by the court is an improper basis for rejecting a plaint.
A suit which has not been properly valued and proper court fee has not been paid, can rejected in terms of Order 7 Rule 11 of CPC.
Court fee - Court can grant extension of time for payment of the balance court fee beyond a period of 30 days.
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
Damage suit – Valuation for the purposes of jurisdiction and relief has to be same in money suits falling under category 7(i).
Question to be decided in such an appeal was only the propriety of the order of the trial court rejecting the plaint for want of payment of the balance court fees within the permitted time
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