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2024 Supreme(Mad) 895

R. SUBRAMANIAN
Srinivasan – Appellant
Versus
Achammal – Respondent


Advocates Appeared:
For the Petitioners: Mr. R. Jayaprakash.
For the Respondents: Mr. K. Thiruvengadam.

ORDER :

R. Subramanian, J.

[PRAYER: Civil Revision Petition filed under Section 227 of the Constitution of India, against the rejection order dated 01.02.2022 passed by the learned Principal Sub-ordinate Judge, Hosur in unnumbered O.S.Sr.No.957 of 2022 and to number the plaint within a time frame.]

The order under challenge in this revision is an order wholly without jurisdiction where, the learned Judge chose to reject the plaint even without numbering the same by rendering findings on vital issues that would arise after trial in the suit.

2. A suit for partition was laid by the petitioners, contending that the suit properties are ancestral properties belonging to the family of one Munusamy Achari and Kandhachari. The plaintiffs are the sons, daughters and widow of Munusamy Achari and Kandhachari. The defendants are alienees. In the plaint, it was averred that the properties belonged to the joint family and the sale made by Munusamy Achari and Kandhachari in the year 1982 is not valid and binding on the plaintiffs, who are entitled to a share as coparceners. The plaintiffs had claimed that they are entitled to 54/72 shares, since the daughters would also be entitled to equal share alo

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