JUDGMENT

The plaintiff in the suit is the appellant. The appeal has been filed challenging the rejection of the plaint consequent to the failure of the appellant/plaintiff to pay additional court fee as directed by the III Additional District Judge, Puducherry in O.S.No.55 of 2012, dated 09.01.2015.

2. The appellant herein filed a suit for declaration of title and recovery of possession of the suit property. He also sought for mandatory injunction to demolish the illegal construction made in the suit property.

3. According to the plaintiff, the suit property originally belonged to two persons namely Selvanathan and Pattabi as per the Release Deeds dated 25.04.1990 executed by children of one Victor Jeganathan. The plaintiff purchased the suit properties from the duly appointed Power of Attorney of Selvanathan and Pattabi under Sale Deed dated 01.03.1994. When the plaintiff visited his property on 02.04.2012, he noted that the defendant committed trespass into the suit property and put up a construction. Hence, the above said suit was filed.

4. The defendant filed a petition in I.A.No.158 of 2013 seeking rejection of the plaint on the ground that the subject matter of the suit was not p