Fixed court fees are obligatory for boundary fixation suits; inadequacy should be treated as a preliminary issue.

JUDGMENT

The writ petition is filed seeking the following reliefs.

i) Call for records leading to Ext.P4 order and quash the same by issue a writ of certiorari or other appropriate writ order or direction and direct the plaintiffs to remit the court fee as per the provisions of Kerala Court Fees and Suit Valuation Act.

ii) Issue a writ of mandamus commanding the Sub Court to reconsider Ext.P3 application in accordance with law by allowing it with in a time specified by this court.

iii) Issue such other writ order or direction as may be necessary in the facts and circumstances of the case.

2. Petitioner is the third defendant in O.S No.351 of 2007 on the file of the Sub Court, Perumbavoor. The above suit is filed by respondents 1 to 3 for fixation of boundary and perpetual prohibitory injunction. Petitioner / first defendant in his written statement among other contentions has disputed the valuation of the suit property, and also the court fee paid for the reliefs as inadequate. Petitioner also moved an application seeking an order for rejection of the plaint for the reason stated above. Ext.P3 is the copy of that application. The learned Sub Judge after considering the merit of Ext.P3 application dismissed it vide Ext.P4 order. Propriety and correctness of Ext.P4 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India.

3. The learned Government Pleader has taken notice for the 5th respondent. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the other respondents is necessary and it is dispensed with. I heard the learned counsel for the petitioner and also the learned Government Pleader. I find no impropriety or illegality in Ext.P4 order passed by the learned Sub Judge. It is seen that the suit has been filed seeking the reliefs of fixation of boundary, for which fixed court fee is payable under Section 50 of the Court Fees and Valuation Act, and also for a decree of prohibitory injunction. Even assuming that the valuation shown in the plaint is incorrect and court fee paid inadequate, the court is bound to raise an issue on that question and, then it can be considered as a preliminary issue. If any such issue is raised by the court Ext.P4 order will not stand in its way in considering that issue as contemplated under Order 14 Rule 2 of the Code of Civil Procedure. Subject to the above observations, the writ petition is closed.