J.Pelavendran(Died) v. George
Case brief
What is this about?
Civil revision against order dismissing application to reject plaint for undervaluation; held plaint averments control and valuation objection fails.
What did the court decide?
Petition dismissed; connected miscellaneous petition closed; no order as to cost.
What the court decided
C.R.P.(MD)No.6 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.R.P.(MD)No.6 of 2019 and C.M.P.(MD)No.28 of 2019
J.Palavendran (Died) ... Petitioner / Petitioner/ 7th Defendant
2.Mary Dolar Ruba
3.Jenison
4.Maria Asli Jesika
Petitioners 2to 4 are brought on record as LRs
of the deceased sole petitioner vide Court order
dated 22.08.2023, made in CMP(MD)
Issues for consideration
2 issues framed by the court
Whether the suit was properly valued according to the Tamil Nadu Court Fees and Suits Valuation Act, 1955, given the nature of agricultural property.
Whether the High Court can consider documents outside the plaint to determine the真实 valuation under Order VII Rule 11 CPC
Parties & counsel
- petitioner
J.Palavendran (Died) and LRs
- respondent
George and others
Coram
C.Kumarappan
Case details
As recorded by the court registry
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