Kerala High Court
Siju Paul vs T.V.Subash on 11 June, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934
CRP.No. 65 of 2012 ()
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OS.58/2010 of MUNSIFF COURT, TIRUR
REVISION PETITIONER/DEFENDANT:
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SIJU PAUL,
S/O.POULOSE, THANIVEETTIL HOUSE, NORTH MAZHAVANNUR,
IRAPURAM P.O., PIN-686689, ERNAKULAM DISTRICT.
BY ADVS.SRI.T. KRISHNAN UNNI (SR.)
SRI. JAMSHEED HAFIZ
RESPONDENT/PLAINTIFF:
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T.V.SUBASH,
S/O.BALAN, THAZHE URIKKOTH HOUSE, MANIYUR P.O.
PIN-673101, VADAKARA, KOZHIKODE DISTRICT.
BY ADV. SRI.N.M.MADHU
BY ADV. SMT.C.S.RAJANI
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 11-06-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
DSV/-
V.CHITAMBARESH, J.
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C.R.P.NO.65/2012
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Dated this the 11th Day of June 2012
O R D E R
The suit as framed is one for mandatory injunction, directing the defendant to return the cheques allegedly issued by the plaintiff as security. The suit is not one for a declaration that the plaintiff has already paid the amount due to the defendant covered by the cheques in question. Therefore the finding of the court below that the valuation of the plaint under Section 27(c) of the Kerala Court Fees and Suits Valuation Act, 1959 is proper cannot be faulted with.
2. The plaintiff has a contention that he has already paid Rs.1,05,000/- due to the defendant and that the sum of Rs.2,40,000/- shown in both the cheques together is not the correct amount. These are all incidental questions to be considered by the court below in the matter of granting the relief of mandatory injunction sought for. But the plaintiff C.R.P.NO.65/2012 2 has not sought for any declaration to that effect and therefore there is no necessity to pay the court fee under Section 25 of the Kerala Court Fees and Suits Valuation Act, 1959. I am fortified in this view by the judgment in Vishnu Pratap Sugar Works (P) Ltd Vs. Chief Inspector of Stamps, U.P (A.I.R 968 SC 102) and in Sathyavrathan Vs. The Manager, Indian Overseas Bank (1988 (1) KLT 553).
The Civil Revision Petition fails and is dismissed.
V.CHITAMBARESH JUDGE RKM