G.A.M.Thandapani vs R.Venkateshan
2021 Latest Caselaw 19330 Mad

                                                         1

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 21.09.2021

                                                    CORAM :

                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                             C.R.P.(MD).No.103 of 2021
                                                       and
                                             C.M.P.(MD)No.669 of 2021

                  1.G.A.M.Thandapani
                  2.T.Vasanthi                        ...Petitioners/Petitioners/Defendants 1 & 2


                                                        Vs.

                  1.R.Venkateshan
                  2.Mahalakshmi
                  3.The Sub-Registrar,
                    Sub-Registrar Office,
                    Theni, Theni District.

                  4.The Assistant Registrar,
                    Madurai Road, Vadakarai,
                    Periyakulam Taluk,
                    Theni District.                    ...R-1 to R-4/R-1 to R-4/Plaintiff-1 & 2
                                                               and Defendants 3 & 4

                  PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
                  of India, to set aside the Judgment and decree dated 05.11.2020 in I.A.No.5
                  of 2019 in O.S.No.97 of 2019 on the file of the District Munsif Court, Theni,
                  Theni District and thereby allow the Civil Revision Petition as prayed for.



https://www.mhc.tn.gov.in/judis/
                                                           2

                                        For Petitioners    :Mr.J.Senthil Kumar
                                        For R-3, 4, 6      :Mr.A.Baskaran
                                                            Additional Government Pleader

                                        For R-5            :Mr.S.I.Muthiah

                                                        ORDER

This Civil Revision Petition has been filed to set aside the Judgment

and decree, dated 05.11.2020 in I.A.No.5 of 2019 in O.S.No.97 of 2019,

passed by the learned District Munsif, Theni, Theni District.

2.Heard on either side. Perused the material documents available on

record.

3. The plaintiffs/R-1 & R-2 herein have filed a suit in O.S.No.97 of

2019 on the file of the District Munsif Court, Theni. During the pendency of

the suit, the revision petitioners herein have filed a interlocutory petition in

I.A.No.5 of 2020 in O.S.No.97 of 2019 under Order VII Rule 11(b) of Civil

Procedure Code, on the file of the District Munsif Court, Theni, for rejection

of plaint, on the ground that the first prayer in the suit to be valued under

Section 40 and under Section 25(d) of Tamil Nadu Court Fees and Suits

Valuation Act, 1955, and the same was dismissed on 05.11.2020. Aggrieved

by the said order, the revision petitioners are before this Court. https://www.mhc.tn.gov.in/judis/

4.The learned District Munsif, Theni, held that the Court fee paid is

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

Act, 1955. The Court has not given time to pay the deficit Court fee.

5. In view of the submission made by the petitioners' counsel, the

learned District Munsif, Theni, is directed to dispose the suit in O.S.No.97 of

2019, within a period of four months, from the date of receipt of copy of the

order. No Costs. Consequently, connected miscellaneous petition is closed.

                  Index :Yes/No                                                      21.09.2021
                  Internet:Yes/No
                  ksa

Note: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

The District Munsif Court, Theni.

https://www.mhc.tn.gov.in/judis/

S.ANANTHI, J.

ksa

Order made in C.R.P.(MD).No.103 of 2021

21.09.2021

https://www.mhc.tn.gov.in/judis/