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In Re: M. Kuttia Pillai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1942)1MLJ499
AppellantIn Re: M. Kuttia Pillai
Excerpt:
- .....is past by law on the trial court, and the trial court's decision is ordinarily final.2. the learned district munsif has however exceeded his jurisdiction in directing the plaintiff to add to his plaint certain prayers which the plaintiff does not want to add. the court has no power, so far as i am aware, to compel any party to pray for any particular relief.3. in this case the petitioner alleges that the decree and subsequent proceedings in execution of the decree in o.s. no. 23 of 1932, are null and void, and not binding on him. but he does not ask the court to make any declaration to that effect, or to set them aside as void against him. the learned district munsif has ordered him to add a prayer for the cancellation of the decree. he does not wish to do so, and i am not aware.....
Judgment:
ORDER

Burn, J.

1. The learned District Munsif has not called upon the petitioner to pay any particular court-fee, and the question of what is the proper court-fee is not in my opinion before me. If it were I should be obliged to decline it, because the duty of fixing the court-fee is past by law on the trial Court, and the trial Court's decision is ordinarily final.

2. The learned District Munsif has however exceeded his jurisdiction in directing the plaintiff to add to his plaint certain prayers which the plaintiff does not want to add. The Court has no power, so far as I am aware, to compel any party to pray for any particular relief.

3. In this case the petitioner alleges that the decree and subsequent proceedings in execution of the decree in O.S. No. 23 of 1932, are null and void, and not binding on him. But he does not ask the Court to make any declaration to that effect, or to set them aside as void against him. The learned District Munsif has ordered him to add a prayer for the cancellation of the decree. He does not wish to do so, and I am not aware of any power in the Court to compel him.

4. The order of the lower Court directing amendment of the prayer is accordingly cancelled. It remains for the lower Court to determine, on the plaint as it is, what is the proper court-fee, and to dispose of the plaint according to law.

5. I make no order as to the costs of this petition.


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