- (1.) Leave granted.
(2.) This appeal filed for setting aside order dated 21.7.2008 passed by the learned Single Judge of Kerala High Court in Writ Petition No.21820 of 2008 whereby he declined to interfere with the direction given by Sub Judge, Palakkad (hereinafter described as 'the trial Court') to the appellant to pay court fee on the market value of the plaint schedule property raises an important question of law relating to interpretation of Section 40 of the Kerala Court-Fees and Suits Valuation Act, 1959 (for short, 'the Act').
(3.) The appellant owned 9.98 acres rubber plantation. She executed power of attorney No.376/2006 in favour of her own daughter (respondent No.1 herein). After sometime, respondent No.1 transferred the property to her husband (respondent No.2 herein) by registered sale deed No.1784/2007. The appellant filed O.S. No.231/2007 for cancellation of the power of attorney by alleging that respondent No.1 had misused the same and sold the property to her husband. By an order dated 21.5.2008, the trial Court directed the appellant to pay court fees on the market value of the plaint schedule property. The appellant challenged that order in Writ Petition No.17032/2008 (C) which was disposed of by the learned Single Judge of Kerala High Court vide his order dated 26.6.2008, the relevant portion of which reads as under: "The learned counsel appearing for the petitioner further submitted that in view of the contentions raised in the plaint, petitioner has to file an application for amendment of the plaint modifying the relief sought for. In the nature of the contentions raised in the plaint, an amendment of the relief is definitely necessary, as found by the learned Sub Judge. In such circumstances, Writ Petition is disposed granting liberty to the petitioner to amend the plaint and to pay the necessary court fee payable on such pleading. It is made clear that the fact that a time limit is fixed by this Court will not prevent the court from granting amendment, as it is necessary for an appropriate adjudication of the dispute involved in the suit. It is made clear that the actual court fee payable by the plaintiff is to be decided by the trial Court afresh, taking into consideration the relief sought for in the plaint, in the light of the amendment of the pleading.";