A plaintiff seeking declaration that three sale deeds allegedly fraudulently created were null and void had his plaint returned for valuation under Section 40 instead of Section 25(d). The High Court held Section 40 applies only where the party is a party to the document, set aside the return, and allowed the revision.
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C.R.P.(PD).No.2944 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2024
Coram
THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN
C.R.P.(PD).No.2944 of 2022
Sagadevan ... Petitioner
-Versus-
1.Rukmani Ammal 2.Veerabadran
4.M/s.E.P.K.Property Developers, No.806-A, Vandalore Kelambakkam Main Road, Kizhakottaiyur Village, Tirupporur Taluk, Chengalpattu District – 600 127.
5.M/s.Rajeswari Educational & Charitable Trust, No.21, Second East Main Road, Gandhi Nagar, Vellore – 632 006. ... Respondents
Civil Revision Petition under Article 227 of the Constitution of India against the order dated 02.12.2020 made in O.S.SR1161 of 2020 on the file of the District Munsif Court, Chengalpattu.
For Petitioner : Mr.M.Adeeb Mohammed
1 of 6
C.R.P.(PD).No.2944 of 2022
ORDER
The plaintiff is on revision before me. The suit itself had not been
numbered and therefore, I am not inclined to order notice to the respondents.
C.R.P.(PD).No.2944 of 2022
law. It is in the nature of a taxing statute and it must be read strictly. An expansive definition, as given by the learned District Munsif, would not pass muster.
the valuation must be done under Section 40 is contrary to law.
he seeks a declaration. Therefore, the appropriate valuation is under Section 25(d).
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C.R.P.(PD).No.2944 of 2022
Munsif, Chengalpet dated 21.12.2020 is set aside. The learned District Munsif is directed to take the suit on file if it is otherwise in order and thereafter proceed in accordance with law. The learned District Munsif is requested to act on the basis of the web copy of the order produced before him for the purpose of numbering the suit.
costs.
15.04.2024
nl
Note: Issue order copy on 17.04.2024
Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order
C.R.P.(PD).No.2944 of 2022
To
The District Munsif Court, Chengalpattu.
C.R.P.(PD).No.2944 of 2022
V.LAKSHMINARAYANAN, J.
nl
C.R.P.(PD).No.2944 of 2022
15.04.2024
1 issue framed by the court
Whether a suit challenging forged sale deeds the plaintiff denies executing must be valued under Section 25(d) rather than Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act.
3 provisions across 2 enactments
Sagadevan
Rukmani Ammal
Veerabadran
Dhandapani
M/s.E.P.K.Property Developers
M/s.Rajeswari Educational & Charitable Trust
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
