AIR 2015 (NOC) 842 (MAD.) ::2015 AIR CC 1409 (MAD)

Madras High Court

Hon'ble Judge(s): R. Subbiah , J

(A) Tamil Nadu Court Fees and Suits Valuation Act (1955) S. 37 (2) — Partition suit — Court fees — Plaintiffs had right to claim their share in property, it being joint ancestral property — They would be deemed to be in possession of property — Court fees to be paid as per rates under S 37(2) of Act AIR 1980 SC 691, Rel on (Para 12)

(B) Civil Procedure Code (5 of 1908) O. 49, R. 3, O. 7, R. 10 (c)— Chartered High Court — O 7, R 11(b), (c) of CPC does not apply to Chartered High Court — Non payment of proper court fee cannot be ground to reject plaint at threshold (Para 13)

(C) Civil Procedure Code (5 of 1908) O. 7, R. 11, O. 2, R. 3— Rejection of plaint — Ground of affixation of insufficient — Court fees on plaint — On finding that suit was undervalued and insufficiently stamped, Court may require plaintiff to make good deficiency within time fixed — Whether stamp affixed on plaint is sufficient or not could be decided only during hearing of suit — It cannot be ground for rejection of plaint (Para 14)