Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
Gibi Sudharshan, W/o. Sudharshan – Appellant
Versus
Omana Ammal (died) – Respondent
ORDER :
V.LAKSHMINARAYANAN, J.
This Civil Revision Petition challenges the order of the learned Subordinate Judge, Kuzhithurai in I.A.No.7 of 2025 in O.S.No.179 of 2013, dated 12.03.2025. The civil revision petitioner is the second defendant in the suit.
2. For the sake of convenience, the parties shall be referred to as per their rank in the plaint.
3. O.S.No.179 of 2013 was presented by the plaintiff for the following reliefs:-
"A. A decree declaring that the settlement deed No.2831 of 2008 dated 25-9-2008 of the office of the Sub-Registrar, Kollemcode in favour of the first defendant by Kamalamma is null and void and not binding on the plaintiffs.
B. A decree declaring that the sale deed No. 1107 of 2011 dated 7-4-2011 of the office of the Sub-Registrar, Kollemcode by the first defendant in favour of the second defendant is null and void and not binding on the plaintiffs.
C. A decree declaring the title of the plaintiffs over plaint schedule property and recover possession of the same from the defendants and all claiming under them on removal of structures therein.
D. A decree to recover mesne profits at the rate of Rs.12.000/- per annum from the defendants and their assets from 10-5-2
A court must address court fee sufficiency before evaluating the merits of a claim, per statutory provisions preventing post-evidence challenges.
The dismissal of applications based on timeliness and procedural compliance under court fee valuation is upheld.
Section 2 (2) C.P.C which defines the expression “decree” and thereafter held that definition of decree in Section 2 (2) C.P.C shall be deemed to include an order rejecting a plaint.
A defendant must file a written statement to dispute the plaintiff's valuation; reliance on external valuation certificates by the court is an improper basis for rejecting a plaint.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
