Plaintiffs sought a declaration that a 2013 property transfer was void for fraud and undue influence and presented the plaint before the District Munsif despite valuing it at Rs.4,00,000/-, beyond that court's pecuniary jurisdiction. The High Court directed the Subordinate Judge at Gobichettipalayam to receive and number the plaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP No.2848 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2024
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
CRP No.2848 of 2024
.. Petitioners
-vs-
Prayer: Petition filed under Article 227 of the Constitution of India to direct the District Munsif Court at Gobichettipalayam to number the unnumbered O.S.No... of 2024 and pass suitable order.
For Petitioners : Mr.A.Vijayananthan
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CRP No.2848 of 2024
ORDER
The plaintiffs plead that the document executed by one Govindarajan in favour of the third defendant is vitiated by fraud, undue influence and coercion and also vitiated on account of the fact that the third defendant had taken 'Kanthuvatti' to acquire the property. They wanted a declaration that the transfer dated 23.05.2013 is null and void and for consequential reliefs.
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CRP No.2848 of 2024
be no order as to costs.
05.08.2024
Index : Yes/No Neutral Citation : Yes/No
Note to Registry :
The original of the plaint enclosed in the typed set of papers may be returned to the learned counsel after obtaining usual endorsement.
sra
To
Page 3 of 4
CRP No.2848 of 2024
V.LAKSHMINARAYANAN, J.
(sra)
CRP No.2848 of 2024
05.08.2024
Page 4 of 4
1 issue framed by the court
Whether the High Court could direct the proper court to number the unnumbered plaint valued beyond the District Munsif's pecuniary jurisdiction.
2 provisions across 2 enactments
Eswari
G.Nithya
G.Arthiga
G.Ramya
G.Bala Surya
Govindarajan
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
