Madras High Court
Palanithurai vs Chandra on 6 December, 2021
C.M.A(MD).No.1076 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.M.A(MD).No.1076 of 2021
Palanithurai ... Appellant/Petitioner
Vs.
1.Chandra
2.Murugaraj
3.Balaganesan
4.Valliyammai
5.Manikandan
6.Papansam Municipality,
represented by its Executive Officer,
Bust Stand Road,
Papanasam Taluk,
Thanjavur District.
7.The Sub-Registrar,
Sub Registrar's Office,
Katchery Road,
Papanasam Taluk,
Thanjavur District.
1/5
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C.M.A(MD).No.1076 of 2021
8.The District Registrar,
District Registrar's Office,
Dr.Moorthy Road,
Kumbakonam Taluk,
Thanjavur District.
9.The District Collector,
District Collector's Office,
Vallam Road,
Thanjavur District. ... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1(na)
read with 104 of the Civil Procedure Code, to set aside the order and
decree, dated 23.08.2021 made in Pauper Original Petition in P.O.P.No.
178 of 2018 on the file of the Principal District Court, Thanjavur.
For Petitioner : Mr.G.Gomathi Sankar
JUDGMENT
S.VAIDYANATHAN,J.
and
DR.G.JAYACHANDRAN,J.
On perusal of the impugned order challenged in this appeal, this
Court finds that the Court below has declined to grant exemption of
payment of court fee to the petitioner herein, who claims to be a pauper.
While declining, the Court has stated that the provision of law under
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C.M.A(MD).No.1076 of 2021
which the court fee to be paid is not in consonance with the relief sought
for.
2. According to the Court below, the suit is for declaration of four
sale deeds as void and to cancel all deeds to which the appellant herein is
not a party, however, the relief prayed and the provision of Tamilnadu
Court Fees Act under which court fees payable does not syncronize.
3.The learned counsel for the appellant would submit that under
Order 33 Rule 15-A of C.P.C., if the Court feels that the petitioner is not
an indigent person to lay a suit as a pauper, a timeframe ought to have
granted for him to pay the court fee, whereas in the impugned order, the
trial Court has not granted any time, but only gone on the merits of the
relief sought and the provision of law and dismissed the same.
4.The learned counsel would further submit that the appellant will
be satisfied, if time is granted for payment of court fee as contemplated
under Order 33 Rule 15-A of C.P.C., instead of going into the merits of
the indegency of the appellant.
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C.M.A(MD).No.1076 of 2021
5. Recording the same, this Civil Miscellaneous Appeal is disposed
of with a direction to the appellant to pay the Court fee within a period of
four weeks from the date of receipt of a copy of this order.
[S.V.N.,J.] [G.J.,J.]
06.12.2021
Index : Yes / No
Internet : Yes / No
PJL
Note:In view of the present lock down
owing to COVID-19 pandemic, a web copy
of the order may be utilized for official
purposes, but, ensuring that the copy of the
order that is presented is the correct copy,
shall be the responsibility of the
Advocate/litigant concerned.
To
The Principal District Judge,
Thanjavur.
https://www.mhc.tn.gov.in/judis
C.M.A(MD).No.1076 of 2021
S.VAIDYANATHAN, J.
and
DR.G.JAYACHANDRAN, J.
PJL
C.M.A(MD).No.1076 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
