Revision against High Court order dismissing application to reject plaint for improper valuation under CPC Order VII Rule 11(b) and (c). Court held such threshold application not contemplated when proper valuation must be ascertained. Revision dismissed.
Civil Revision Petition number 2763 of 2021 and connected miscellaneous petition dismissed with no costs.
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C.R.P(PD)No.2763 of 2021 and CMP.No.20141 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P(PD)No.2763 of 2021 and CMP.No.20141 of 2021
Pandiyan
..Petitioner
Vs.
Rajendiran
..Respondent
Prayer: Civil Revision Petition filed Article 227 of the Constitution of India, against the fair and final order dated 06.08.2021 in IA.No.155 of 2021 in OS.No.101 of 2020 on the file of the II-Additional District Munsif's Court, Kallakurichi.
For Petitioner : Mr.S.Kaithamalai Kumaran
O R D E R
This revision is against an order, dismissing an application in IA.No.155 of 2021 filed by the defendant in OS.No.101 of 2020 seeking rejection of the plaint under Order VII Rule 11(b) of CPC.
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kkn
Index:No Internet:Yes Speaking
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C.R.P(PD)No.2763 of 2021 and CMP.No.20141 of 2021
To:-
The II-Additional District Munsif Court, Kallakurichi.
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R.SUBRAMANIAN, J.
KKN
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2 issues framed by the court
Whether an application seeking rejection of plaint under Order VII Rule 11(b) and (c) CPC is maintainable at the threshold regarding improper valuation.
Whether the High Court can quash the order dismissing the application for rejection of plaint based on valuation issues.
Colour shows how this judgement treated each authority
Article 226 of the Constitution of IndiaReferred¶12
2 provisions across 1 enactments
Pandiyan
Rajendiran
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R.Subramanian
Parties & counsel
