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V. Macha Koundan Vs. V.K. Kottora Koundan - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Reported in159Ind.Cas.625; (1935)69MLJ750
AppellantV. Macha Koundan
RespondentV.K. Kottora Koundan
Excerpt:
- .....request was made to treat the petition as a suit. we see no objection to this being done, but it will be necessary that court-fee be paid as for a suit, the same being fixed on the amount claimed in the application in the first court. we allow one month's time for the present respondent to pay the court-fee payable in the court of first instance.26. the necessary court-fee has been paid in accordance with the above direction. according to the opinion of the full bench the respondent is entitled to the relief given to him by the lower appellate court. the civil miscellaneous second appeal is therefore dismissed with costs. the lower appellate court's decree will be treated as a decree passed in a suit and the respondent will be entitled to add to his costs the extra court-fee he had to.....
Judgment:
ORDER

25. Even in the original application a request was made to treat the petition as a suit. We see no objection to this being done, but it will be necessary that Court-fee be paid as for a suit, the same being fixed on the amount claimed in the application in the first Court. We allow one month's time for the present respondent to pay the court-fee payable in the Court of First Instance.

26. The necessary court-fee has been paid in accordance with the above direction. According to the opinion of the Full Bench the Respondent is entitled to the relief given to him by the Lower Appellate Court. The Civil Miscellaneous Second Appeal is therefore dismissed with costs. The lower Appellate Court's decree will be treated as a decree passed in a suit and the respondent will be entitled to add to his costs the extra court-fee he had to pay in accordance with our order of the 11th February, 1935.


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