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2023 Supreme(Mad) 468

S. M. SUBRAMANIAM
P. Thomas – Appellant
Versus
Athisayam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. T.P. Prabhakaran
For the Respondent: Mr. K. Selvakumar

ORDER :

Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Fair and Decretal Order dated in O.S.No.1779 of 2019 on the file of the Court of the II- Additional Subordinate Judge, Coimbatore.

The Civil Revision petition is filed challenging the fair and decretal order dated 12.09.2022, passed in I.A.No.04 of 2022 in O.S.No.1779 of 2019. The revision petitioners are the defendants and the respondent instituted a suit for partition.

2. During the pendency of the suit, the revision petitioners/defendants filed an Interlocutory Application in I.A.No.4 of 2022, under Order VII Rule 11(b) of CPC, to reject the plaint as not maintainable on the ground that the relief claimed is undervalued and the plaintiffs, at the time of examination, deposed that the value of the suit mentioned in the plaint is incorrect and the difference is of about Rs.16.5 lakhs.

3. Based on the deposition of the defendants while examining the plaintiff, the Interlocutory Application to reject the plaint was filed. The Trial Court considered the issues and found that when the plaintiff is directed to correct the valuation and the plaintiff fails to do so, then on

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