Skip to content


Ramanuja Naidu and ors. Vs. Muthu K.R.V. Alagappa Chettiar and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1924Mad882; 85Ind.Cas.801; (1924)47MLJ656
AppellantRamanuja Naidu and ors.
RespondentMuthu K.R.V. Alagappa Chettiar and anr.
Excerpt:
- - 50. a suit to obtain a decree directing accounts and enquiries comes clearly within the express words of section 92. the subordinate judge has committed a slight error in saying that there is p......the settling of a scheme, etc. in addition, the plaintiffs ask for the issue of ' a temporary mandatory injunction ' to compel the defendant to deposit in court immediately a sum of rs. 1,24,000 which the plaintiffs claim is due from the defendant to the devasthanams. the subordinate judge has held that a court-fee is payable on this sum to which the relief mentioned relates.2. the only question to be decided is : is this a suit that falls under section 92, civil procedure code under article 17 of schedule ii to the court fees act, if a suit is brought under section 92, the fee payable upon the plaint is a sum of rs. 50. a suit to obtain a decree directing accounts and enquiries comes clearly within the express words of section 92. the subordinate judge has committed a slight error.....
Judgment:

Venkatasubba Rao, J.

1. The learned Subordinate Judge has held that a Court-fee of Rs. 2,200 odd is payable on the plaint, and the plaintiff files this Civil Revision Petition attacking the correctness of the order. The suit has been instituted under Section 92 of the Civil Procedure Code in respect of Kudal Alagar and Madhanagopalaswami Devasthanams at Madura. The plaint contains a prayer for various reliefs, such as the removal of the defendant from trusteeship, the appointment of a new trustee, the settling of a scheme, etc. In addition, the plaintiffs ask for the issue of ' a temporary mandatory injunction ' to compel the defendant to deposit in Court immediately a sum of Rs. 1,24,000 which the plaintiffs claim is due from the defendant to the Devasthanams. The Subordinate Judge has held that a Court-fee is payable on this sum to which the relief mentioned relates.

2. The only question to be decided is : Is this a suit that falls under Section 92, Civil Procedure Code Under Article 17 of Schedule II to the Court Fees Act, if a suit is brought under Section 92, the fee payable upon the plaint is a sum of Rs. 50. A suit to obtain a decree directing accounts and enquiries comes clearly within the express words of Section 92. The Subordinate Judge has committed a slight error in saying that there is p. prayer for the issue of a mandatory injunction. As I observed the words used are 'a temporary mandatory injunction.' In any event, the suit is, in my opinion, substantially one under Section 92; for, all that the plaintiffs in effect ask is, that an account should be taken and that the defendant should be ordered to pay such amount as might be found due from him on such an account being taken. The sum mentioned in the plaint is merely an estimate and plaintiffs' valuation of the relief cannot alter the character of the suit. The Court-fee paid therefore, namely, Rs. 50 is the proper fee and I set aside the order of the lower Court and allow the Civil Revision Petition with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //