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2014 Supreme(Mad) 3364

K.RAVICHANDRA BAABU
P. Thillai Selvan – Appellant
Versus
Shyna Paul – Respondent


Advocate Appeared:
For the Petitioner:L. Murali Krishnan, Advocate.
For the Respondents:R1, G. Ilamurugu, R2, Rajnish Pathiyil, Advocates.

Judgment

1. This Civil Revision Petition is filed challenging the order dated 3.3.2011 made in I.A.No.175 of 2010 in O.S.No.12123 of 2010 on the file of the Additional District and Sessions Court (Fast Track Court-V), Chennai, in dismissing the application filed by the petitioner under Order 7 Rule 11 CPC for rejection of the plaint.

2. The petitioner herein is the second defendant in the said suit. The first respondent herein is the plaintiff and the second respondent herein is the first defendant in the said suit. The first respondent/plaintiff filed the said suit for declaration to declare the gift deed, dated 16.7.2001 and the sale deed, dated 16.3.2005 as null and void; for possession of the suit premises and for permanent injunction restraining the defendants from alienating, encumbering and transferring the suit property in favour of third parties.

3. The petitioner as second defendant filed the said application for rejection of the plaint mainly by contending that the suit was barred by limitation and it was not properly valued. The said application was resisted by the first respondent/plaintiff contending that the suit was not undervalued, as the Court fee was rightly paid


























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