JUDGMENT :

Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, praying to set aside the order dated 31.08.2021 passedby the Hon'ble Sub-Judge Maduranthakam in I.A.No.613 of 2018 in O.S.No.1 of 2018 and consequently reject the plaint.

1. The petitioner is aggrieved by the dismissal of his application filed under Section 12 of the Tamil Nadu Court Fees and Suits Valuation Act, seeking the Court to frame preliminary issue on the point of valuation.

2. The suit is one for partition. The plaintiffs claims ½ share in the suit properties. The 1st defendant filed the instant application contending that the plaint does not disclose the cause of action and that the plaintiff who is out of possession cannot value the suit under Section 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act. It is also contended that the market value of the property is much higher than what has been stated in the plaint.

3. As regards the dispute regarding possession, the learned trial Judge concluded that the same will have to be decided only at the time of trial and it cannot be subject matter of a preliminary issue. As regards the valuation, the learned trial Judge came t