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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

FRIDAY, THE 9TH DAY OF APRIL 2021

THE HON'BLE MR. JUSTICE N.SESHASAYEE

A.No.2686 of 2020

in

C.S.No.819 of 2015

1. Mr.T.S.Prem Kumaar

S/o.late P.T.Sambandam

B-4, Nest Towers, Door No.83, Old No.72

Kamdar Nagar, III Street,

Nungambakkam,

Chennai-600 034.

2. Mrs.S.Prema Kumari @ Ammu

W/o.Mr.K.Siva Kumar

F-11, Royal Denizen,

Pattabiraman Street,

Tennur,Tiruchirapalli-620 017.

..Plaintiffs

Vs

1. Mrs.S.Karpagam

W/o.late P.Shanmugha Sundaram

2. Mr.S.Paramasivam @ Ravi

S/o.late P.Shanmugha Sundaram

3. Mr.S.Balaji

S/o. late P.Shanumgha Sundaram

4. Mrs.Usha Raju

W/o. late S.Manika Raju

5. Miss.Monisha Raju

D/o.late S.Manika Raju

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6. Miss.Rithika Raju

D/o. late S.Manika Raju, minor, rep

by Mother/Natural Guardian, Mrs.Usha Raju

the 4^th Defendant above named,

All are residing at Door No.26 (Old No.16)

Coats Road, T.Nagar, Chennai-600 017.

..Defendants

A.No.2686 of 2020:-

1. Mrs.S.Karpagam

W/o.late P.Shanmugha Sundaram

2. Mr.S.Paramasivam

S/o.late P.Shanmugha Sundaram

3. Mr.S.Balaji

S/o. late P.Shanumgha Sundaram

All residing at Door No.26 (Old No.16)

Coats Road, T.Nagar,

Chennai-600 017.

..Applicants/ Defendants 1 to 3

Vs

1. Mr.T.S.Prem Kumaar

S/o.late P.T.Sambandam

B-4, Nest Towers, Door No.83, Old No.72

Kamdar Nagar, III Street,

Nungambakkam,

Chennai-600 034.

2. Mrs.S.Prema Kumari @ Ammu

W/o.Mr.K.Sivakumar

F-11, Royal Denizen,

Pattabiraman Street,

Tennur,Tiruchirapalli-620 017.

..Respondents 1 & 2/ Plaintiffs

3. Mrs.Usha Raju

W/o. late S.Manika Raju

4. Ms.Monisha Raju

D/o.late S.Manika Raju

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5. Miss.Rithika Raju

D/o. late S.Manika Raju, Minor, rep

by Mother/Natural Guardian, Mrs.Usha Raju

(3) to (5) Door No.26 (Old No.16)

Coats Road, T.Nagar,

Chennai-600 017.

..Respondents 3 to 5/ Defendants 4 to 6

Application praying that this Hon'ble Court be pleased to reject the

plaint as the plaintiffs have failed to pay the deficit court fee as ordered by

this Hon'ble Court and is also hence consequently barred under law.

This application coming on this day before this court for hearing, the

court made the following order:

The applicants herein is the defendants 1 to 3. When the suit was laid the

applicants herein have raised the dispute regarding Court fee under Section

11 of the Tamil Nadu Court Fee and Stamp Valuation Act before the learned

Master of this Court. The learned Master, vide his order dated 31.08.2016

dismissed the same and this was challenged by the applicants herein in

C.R.P.No.1801 of 2017. This Court, vide its order dated 08.6.2018 allowed

the C.R.P.No.1801 of 2017, set aside the order of the learned Master dated

31.08.2016 and directed the Master to hold a denovo enquiry and pass

appropriate orders. Thereafter, the learned Master allowed the application of

the applicant vide his order dated 20.02.2019 and directed the plaintiffs to

pay the deficit Court fee within three weeks. However, this was not done.

Challenging the aforesaid order of the Master, the plaintiffs have preferred

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C.R.P.No.1643 of 2019 and that came to be dismissed on 04.11.2019.

Alleging that the deficit court fee was not paid as stipulated the present

application is filed for rejecting the plaint under Order VII Rule 11 CPC.

2. Mr.K.Bijai Sundar, learned counsel for the applicants submitted that the

plaintiffs in the suit duty bound to comply with the orders of the learned

Master and that inasmuch as he has also approached this Court in

C.R.P.No.1643 of 2019, he ought to have paid the deficit stamp duty within

a period of three weeks, atleast from the date of its dismissal on

04.11.2019. He added that the plaintiffs had moved this Court in A.No.3094

of 2020 for extension of time for payment of deficit court fee, but, the same

came to be dismissed as withdrawn on 03.03.2021.

3. Now