G. K. ILANTHIRAIYAN
Gopalsamy Jayaraman (died) – Appellant
Versus
Kothandaraman – Respondent
ORDER :
[Prayer :- Civil Revision Petition filed under Article 227 of Constitution of India, to allow the above Civil Revision Petition and set aside the judgment and decree dated 24.07.2009 made in O.S.No.26 of 2006 on the file of the learned II Additional District Judge, Pudhucherry.
Prayer :- Civil Revision Petition filed under Article 227 of Constitution of India, to allow the above Civil Revision Petition and set aside the judgment and decree dated 24.07.2009 made in I.A.No.19 of 2006 in O.S.No.26 of 2006 on the file of the learned II Additional District Judge, Pudhucherry.]
These Civil Revision Petitions are filed as against fair and decreetal orders dated 24.07.2009, passed by the learned II Additional District Judge, Pudhucherry in O.S.No.26 of 2006 and I.A.No.19 of 2006 in O.S.No.26 of 2006, thereby dismissing the suit by allowing the petition filed under Order 14 Rule 1 & 2 of C.P.C., praying that the issue of valuation of suit and payment of Court fees thereupon may be taken as preliminary issue before deciding the other issues.
2. The petitioners are the plaintiffs and the respondents are the defendants. For the sake of convenience, the parties are referred to as per their
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In partition suits, the court fee is determined by the plaintiff's possession status, with joint possession leading to lower fees, and ancillary reliefs do not incur additional fees if the main relie....
In a suit for partition of joint family property, where the plaintiffs claim joint possession, a fixed Court fee of Rs.200.00 is payable under Sec 34(2) of APCF and SC Act.
A partition suit can proceed if the plaint discloses a cause of action, and issues of limitation and court fees will be determined at trial.
Court fee for joint possession claims must be determined under the provisions of the Court Fees Act, considering the dominant relief sought.
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