Madras High Court
Nagajothi vs M.Ramuthai on 10 January, 2023
C.R.P PD(MD)No.2020 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 10.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.R.P(MD)No.2020 of 2022
Nagajothi ... Petitioner
Vs
1.M.Ramuthai
2.M.Suriya
3.Sundareshan
4.Parvatharaj
5.S.Ramkumar
6.K.Aathilingam
7.S.Lakshmanakumar ... Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the order of return dated 07.09.2022 by
the Principal District Judge, Theni in unnumbered filing
No.OS/10847/2022 CNR No.TNTH010047702022, on the file of the
Principal District Judge, Theni and direct the learned Judge to take the
suit on file.
For Petitioner : Mr.D.Malaichamy
For Respondents : No appearance
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C.R.P PD(MD)No.2020 of 2022
ORDER
This Civil Revision Petition is filed as against the order of
return dated 07.09.2022 by the learned Principal District Judge, Theni in
unnumbered filing No.OS/10847/2022 CNR No. TNTH010047702022,
dated 07.09.2022.
2.The learned counsel appearing for the petitioner submits
that the petitioner/plaintiff has filed the above suit before the Principal
District Court, Theni as against the respondents herein, for the relief of
partition for her share in the joint family property and also for permanent
injunction. According to the learned counsel for the petitioner, the value
of suit property is Rs.17,62,700/-. The value of plaintiff's ¼ share is Rs.
4,49,475/-. The court fee was paid under Section 37 (2) of Tamil Nadu
Court Fee and Suit Valuation Act, 1955 for Rs.5,000/-. The learned
District Judge, Theni returned the plaint for certain defects including a
query of jurisdiction as per the share value of the property on 24.08.2022
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C.R.P PD(MD)No.2020 of 2022
and the same was re-presented by the plaintiff on 30.08.2022 after
compliance of the defects. With regard to the jurisdiction, the plaintiff
has stated that as per Section 37(2) of Tamil Nadu Court Fees and Suit
Valuation Act, the value of the plaintiff's share or market value of the suit
property has no relevance and payment of court fee alone has to be
considered. In order to substantiate his contention, the learned counsel
has relied upon the citations 2013 (2) CTC 342 and 1995 MLJ NOC 30.
Thereafter, on 07.09.2022, the plaint was once again returned with the
following endorsement:-
''To state how this Court has got pecuniary jurisdiction of
share value. As per Section 12 of the Tamil Nadu Civil
Court Laws to try a suit to the value of Rs.10,00,000/- is
having jurisdiction of Sub Court. Hence, to be presented
before the appropriate Court. Judgment relied on 2013
(2) CTC 288.''
Aggrieved over the same, the present Civil Revision Petition is filed.
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C.R.P PD(MD)No.2020 of 2022
3. The learned counsel appearing for petitioner projected that
as per the amended act of Tamil Nadu Court Fees and Suit Valuation Act,
the total market value of suit property alone has to be reckoned for the
purpose of deciding the court fees and as per section 53 of Tamil Nadu
Court Fees and Suit Valuation Act, where the fee payable is at a fixed
rate the value for the purpose of determining the jurisdiction of courts
shall be the market value of the suit property. Therefore, the Court has
erroneously returned the papers.
4. The jurisdiction of District Judge and Subordinate Judge is
defined under Section 12 of the Tamil Nadu Civil Courts Act, 1873 as
follows: -
12. Jurisdiction of District Judge or Subordinate
Judge in original suits.-[The jurisdiction of a District
Judge extends, subject to the rules contained in the
Code of Civil Procedure, to all original suits and
proceedings of a civil nature, of which the amount of
value of the subject matter exceeds five lakh rupees.
The jurisdiction of a Subordinate Judge extends,
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C.R.P PD(MD)No.2020 of 2022
subject to the rules contained in the Code of Civil
Procedure, to all like original suits and proceedings, of
which the amount or value of the subject-matter
exceeds one lakh rupees, but does not exceed five lakh
rupees.]
It is clear from Section 12 of the Tamil Nadu Civil Courts Act, 1873 that
only suits exceeding the value of Rs.5 lakhs can be admitted under the
District Judge and suits under the value of Rs.5 lakhs has to be admitted
by the Subordinate Judge. Here, the plaintiff’s share is only
Rs.4,40,675/- which comes only under the jurisdiction of the
Subordinate Court.
5. This Court in G. Lokanayaki v. Venkatraj, 2013 (2) CTC
288, has held that,
“7. As rightly contended by the learned Counsel for the
Petitioner, the Sub-Court has jurisdiction as per Section 12 of
Tamil Nadu Civil Court Laws, to try a Suit to the value of Rs.
10,00,000/-. The mistake committed by the District Court is
that the District Court has taken the entire property value to
decide the pecuniary jurisdiction. It is not correct. The
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C.R.P PD(MD)No.2020 of 2022
Plaintiff has claimed only Rs. 1,76,947/- as her share in the
joint family property. Hence, the Suit value is Rs. 1,76,947/-
as per Section 37(1) of the Tamil Nadu Court-Fees and Suit
Valuation Act. Section 37(1) of the Tamil Nadu Court Fees
and Suit Valuation Act is extracted in this regard.“
The entire value of suit property in the present case is Rs. 17,62,700/-
and the plaintiff claims only 1/4th of suit property, which is
Rs. 4,49,475/-. Thereby, relying on the above ratio, the entire property
value cannot be taken into account to consider the pecuniary jurisdiction,
but only the share of the plaintiff i.e Rs. 4,40,675/- alone has to be
considered.
6. In view of the above, this Civil Revision Petition is
dismissed. No costs. Registry is directed to return the original plaint to
the petitioner after getting acknowledgment.
10.01.2023
Index : Yes / No.
Internet : Yes / No.
vrn
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C.R.P PD(MD)No.2020 of 2022
To
The Principal District Court, Theni
https://www.mhc.tn.gov.in/judis
C.R.P PD(MD)No.2020 of 2022
B.PUGALENDHI, J.
vrn
C.R.P(MD)No.2020 of 2022
10.01.2023
https://www.mhc.tn.gov.in/judis
