Madras High Court
Rajam vs Nagaiyan on 19 September, 2025
CRP No.4503 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
CRP No.4503 of 2025
and CMP No.22902 of 2025
Rajam
D/o.Late Subramaniya Gurukkal,
W/o.Viswanathan,
Theerthamalai Post and Village,
Harur Taluk, Dharmapuri District.
Petitioner(s)/Plaintiff(s)
Vs
1.Nagaiyan
S/o.Late Subramaniya Gurukkal
Theerthamalai Post and Village,
Harur Taluk, Dharmapuri District.
2.Maragatham
W/o.Dhandapani Sivam,
Periapatti Post and Village,
Harur Taluk, Dharmapuri District.
3.Saraswathi
W/o.Ravichandran Nasiyanur,
Naduveethi Village and Post,
Erode R.M.S. Erode District.
4.Padmavathi
W/o.Veeramani Naal Road
Near Murugan Rice Mill, Harur Taluk,
Harur Town Dharmapuri District.
1/6
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CRP No.4503 of 2025
Respondent(s)/Defendant(s)
Civil Revision Petition filed under Article 227 of the Constitution of
India to set aside the order dated 18.08.2025 passed in Memo C.F.R.No.1236 of
2025 in O.S.No.30 of 2013 on the file of the District Munsif Court, Harur.
For Petitioner(s): Mr.T.Murugamanickam, Senior Advocate
for M/s.D.Sathya
ORDER
Challenging the order dated 18.08.2025 passed in Memo C.F.R.No.1236
of 2025 in O.S.No.30 of 2013 on the file of the District Munsif Court, Harur,
the revision petitioner/plaintiff has preferred the present civil revision petition.
2. The revision petitioner/plaintiff has filed a suit in O.S.No.30 of
2013 on the file of the District Munsif Court, Harur, for partition. After hearing
the arguments, judgment was reserved on 28.07.2025. Thereafter, the Court
below, vide order dated 07.08.2025, has observed as follows:
“suo motu re-opened by the Court. The perusal of Ex.B9 and
Ex.X1, guideline value certificates issued by the Registration
Department, this Court finds that the suit properties value exceeds
its pecuniary jurisdiction. The land in Survey No.6/2 is valued at
Rs.3,50,000/- per acre, and Survey Nos.16/16 and 16/8
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(renumbered as 16/1) at Rs.225/- per sq.ft., bringing the total to
Rs.16,91,953.35/-. The plaintiffs 1/5th share is valued at
Rs.3,38,390.67/-. While she has shown it as Rs.95,000/-, which
grossly undervalued. Accordingly, the plaint is returned under
Order VII Rule 10 CPC for presentation before the proper
jurisdictional Court. - Returned.”
3. Thereafter, the revision petitioner/plaintiff filed a memo dated
11.08.2025 seeking to reopen the suit and an opportunity to be given to the
revision petitioner/plaintiff to represent regarding the queries mentioned in the
return order. The Court below returned the memo vide order dated 18.08.2025
with the following endorsement:
“The Court finds that the suit filed by the plaintiff exceeds
jurisdiction. Hence, the Court lacks jurisdiction to hear the case.
Hence, this plaint was returned. This memo is returned.”
4. It is seen from the records that the above suit has been suo motu
reopened by the trial Court on 07.08.2025 and the same was returned without
giving an opportunity to the revision petitioner/plaintiff to clarify regarding the
queries mentioned in the order. There was no opportunity given to the learned
counsel for the revision petitioner/plaintiff in the open Court to argue on the
queries and the same is not sustainable in law.
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5. In such view of the matter, the order dated 18.08.2025 passed in
Memo C.F.R.No.1236 of 2025 in O.S.No.30 of 2013 on the file of the District
Munsif Court, Harur, is set aside. The Court below is directed to give an
opportunity to the learned counsel appearing for the revision petitioner/plaintiff
to clarify the queries, if any raised by the Court below, in the open Court and to
argue on the same.
With the above directions, this civil revision petition stands disposed of.
No costs. Connected C.M.P. is closed.
19-09-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
nsd
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To
The District Munsif,
Harur.
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M.JOTHIRAMAN J.
nsd
19.09.2025
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