A.Amirthalingam vs V.Andal
2021 Latest Caselaw 3900 Mad

                                                                             C.R.P(MD).No.845 of 2020


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 16.02.2021

                                                     CORAM

                             THE HONOURABLE MRS.JUSTICE J.NISHA BANU


                                           C.R.P(MD).No.845 of 2020


                   A.Amirthalingam                               ... Petitioner/ Plaintiff

                                                     Vs.
                   1.V.Andal
                   2.V.Sivakumar
                   3.R.Ramamirtham
                   4.Shalini @ Manjuparkavi
                   5.G.Suhashini
                   6.M.Saraswathi
                   7.R.Thirunavukarasu
                   8.J.Sasidharan
                   9.V.Kannan                                  ... Respondents / Respondents


                   PRAYER:- Civil Revision Petition filed under Article 227 of the

                   Constitution of India, to allow the Civil Revision Petition and to direct the

                   learned Principal Subordinate Judge, Kumbakonam to number the

                   unnumbered O.S.No. / 2020.


                                   For petitioner    : Mr.G.Karnan




                   1/6
http://www.judis.nic.in
                                                                                C.R.P(MD).No.845 of 2020




                                                       ORDER

This civil revision petition has been filed to direct the learned Principal

Subordinate Judge, Kumbakonam to number the unnumbered O.S.No. / 2020.

2.The learned counsel for the petitioner would submit that the

respondents are the brothers and sisters. Since they sold the undivided

properties, the petitioner filed the suit in unnumbered O.S. /2020 before the

Principal Subordinate Judge, Kumbakonam, to declare the sale deed dated

02.11.2016 executed by the seventh defendant in favour of the eighth

defendant as null and void, as the properties are undivided properties. The

learned Judge has returned the plaint. Hence, the present Civil Revision

Petition.

3.Heard the learned counsel for the petitioner and perused the

materials available on record.

4.Perusal of record shows that the learned Judge has returned the plaint

on the ground that the Court has no pecuniary jurisdiction. Therefore, the

question that arises for consideration is whether the petitioner is required to

http://www.judis.nic.in C.R.P(MD).No.845 of 2020

pay Court fee under Section 25(d) or under Section 40 of the Tamil Nadu

Court Fees and Suit Valuation Act. The learned counsel has relied on the

Judgment reported in (2011) 6 MLJ 399, in the case of G.Seethadevi

Vs.R.Govindaraj and others where this Court has held that a suit for

declaration that a particular sale deed is null and void can be valued only

under Section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act

and not under Section 40, if averments in the plaint deny execution of sale

deed by the plaintiff.

5.Therefore, the learned Judge has to number the plaint. If any defect is

found out, the Court can always call upon the plaintiff to pay either the Court

fee or return the plaint to be filed before appropriate forum. At this point of

time, the Court should not return the plaint stating that Court fee has not been

paid. In the present case, the suit was filed for declaration of sale deed as

null and void where the petitioner is not a party to the said sale deed.

Therefore, the learned Principal Subordinate Judge, Kumbakonam, is

directed to number the unnumbered O.S. /2020 and to proceed with the

same in accordance with law.

http://www.judis.nic.in C.R.P(MD).No.845 of 2020

6. With the above direction, this Civil Revision Petition is disposed of.

No costs.

16.02.2021

Index :Yes/No Internet:Yes/No msa Issue order copy on 16.03.2021

Note: 1.Registry is directed to return the original plaint (unnumberd) in OS.No. /2020 to the counsel for the petitioner after getting attesting copies of same.

2.In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To

1. The Principal Subordinate Judge, Kumbakonam

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in C.R.P(MD).No.845 of 2020

J.NISHA BANU,J.

msa

C.R.P(MD).No.845 of 2020

http://www.judis.nic.in C.R.P(MD).No.845 of 2020

16.02.2021

http://www.judis.nic.in