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2021 Supreme(Mad) 1505

G.K.ILANTHIRAIYAN
Tamilzhselvi – Appellant
Versus
Kaliyavardhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Suresh
For the Respondent: Elizabeth Ravi

ORDER :

G.K. Ilanthiraiyan, J.

1. This civil revision petition is arising out of fair and decreetal order passed in I.A. No. 979 of 2015 in OS. No. 194 of 2013 dated 03.07.2017 on the file of II Additional Sub Judge, Villupuram, thereby directed the petitioners to value the suit under Section 40(1) of Tamil Nadu Court Fees and Suits Valuation Act.

2. The petitioners are the plaintiffs and the respondent is the defendant. The petitioners filed petition for amendment to include the prayer of declaration declaring that the partition deed dated 21.01.2013 is null and void. The trial court allowed the petition for seeking amendment and directed the petitioners to value the suit under Section 40(1) of the Tamil Nadu Court Fees and Suits Valuation Act instead of Section 25(a) of Tamil Nadu Court Fees and Suits Valuation Act. Aggrieved by the same, the petitioners have preferred the present Civil Revision Petition.

3. The learned counsel for the petitioners would submit that a partition deed operates as readjustment of rights between the shareholders in the properties jointly owned by them and therefore the partition deed cannot be construed as a document of the nature envisaged in Section 40

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