Palaniammal vs Sundarambal on 4 June, 2007
19. Similar view is also taken by this Court in
Palaniammal & Ors. vs. Sundarambal & Ors. [AIR 2007
(NOC) 2460 (Mad)]. This Court, in Paragraph No.8 of the said
judgment, has held that the Court fee was never an issue raised by
the defendants 3 and 4 in the Court below and, therefore, the Trial
Court did not frame it as an issue and there was no decision
rendered in that regard also. In such circumstances, the power and
jurisdiction of the Appellate Court in that regard is relevant to be
considered, as enshrined under Section 12(4) of the Tamil Nadu
Court Fees and Suits Valuation Act, 1955 and held that there is no
suo motu power on the Appellate Court to decide about the
correctness of Court fee. Since it is the correctness of the order
passed by the lower Court in respect of the Court fee, the same
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S.A.(MD)No.768 of 2006
alone can be decided by the Appellate Court and held that the
power of the Appellate Court in deciding about the correctness of
the Court fee itself is possible only when the Lower Court has given
a decision about the Court fee and if the defendants have not raised
any objections about the correctness of the Court fee and no issue
was framed, the Appellate Court cannot, on its own motion,
consider it's correctness.