BALAJI DISTILLERIES PRIVATE LIMITED Vs. SWAGAT FILM DISTRIBUTORS

JUDGEMENT

(1.) THE plaintiff is the petitioner herein. This revision is directed against the order passed by the VIII Assistant Judge, City Civil Court at Madras in I.A. No. 13499 of 1988 in O.S. No.7871 of 1988, on 29.9.1988 I.A. No. 13499 of 1988 was filed for temporary injunction restraining the respondent, his servants, agents, representatives from in any manner distributing, exhibiting screening or exploiting the Kannada picture "New Delhi" by using the prints and publicities in his hands. THE suit O.S. No.7871 of 1988 was filed for a declaration that the defendant is not entitled to the rights of distribution, exhibition and exploitation of the Kannada picture "New Delhi" in any place whatsoever by using the prints and publicities of the said picture in his hands and also for a permanent injunction. THE plaintiff valued the reliefs claimed in the plaint for the purpose of court-fees and jurisdiction at a sum of Rs.900 and has paid a total court-fee of Rs.68 thereon in the following manner: (a) Relief of declaration valued at ... Rs. 500 court-fee paid thereon under Sec.25(c) of the Court-Fees Act ... Rs. 37.50 (b) Relief of permanent injunction valued at ... Rs. 400 court-fee paid thereon under Sec.27(c) of the Court-Fees Act ... Rs. 30.50 THE trial court was of the view that the court-fee paid for the relief of permanent injunction is insufficient. According to the trial court, under Sec.25(c) of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (hereinafter referred to as "Act"), the court-fee ought to have been paid on the value of the amount at which the relief sought is valued in the plaint. THE lower court granted time for payment of deficit court-fee and accordingly the plaint and the petition in I.A. No. 13499 of 1988 were returned for proper presentation.

(2.) IT is against that order, the present revision has been preferred by the plaintiff. According to the learned counsel appearing for the plaintiff, under Secs.25(c) and 27(c) of the Act, the valuation as shown in the plaint for both the reliefs claimed are in order. According to the learned counsel, the court-fee need not be paid on Rs.4,00,000. The plaintiff did not claim any relief for the return of Rs.4 lakhs from the defendant. Therefore, according to the learned counsel for the relief of declaration was valued at Rs.500 and for the relief of permanent injunction the suit was valued at Rs.400 and court-fees paid under Secs.25(c) and 27(c) of the Act are correct.