SARASWATHI AMMA Vs. CHANDRASEKHARAN NAIR

JUDGEMENT

(1.) The writ petition is filed seeking the following reliefs :

(2.) Petitioners are the plaintiffs in O.S.No.128 of 2008 on the file of the Munsiff Court, Ettumanoor. Suit is one for partition and the respondent, the defendant. Defendant in his written statement among other contentions had impeached the valuation of the properties covered by the suit and also the court fee paid under Section 37(2) of the Kerala Court Fees and Suits Valuation Act, hereinafter referred to as the Court Fees Act, as not reflecting the market value of the properties. An issue raised on the basis of the above contention as to whether the suit is maintainable, as issue No.5, on an interlocutory application moved by the defendant as I.A. No.1085 of 2008 was considered as a preliminary issue and disposed by order dated 17.1.2009 holding that the suit is maintainable. Suit was listed to commence trial on 3.6.2009. The defendant thereupon moved an application for reviewing the earlier order dated 17.1.2009 passed in I.A. No. 1085 of 2008 with a petition to condone delay of 129 days, contending the question whether the court has pecuniary jurisdiction to entertain the suit has to be considered with reference to the challenge raised that the suit properties has not been properly valued with reference to its market value and if proper valuation is made, the Munsiff Court will not have pecuniary jurisdiction to entertain the suit. Learned Munsiff, after hearing both sides, after condoning the delay, allowed the review petition and passed orders afresh in I.A. No. 1085 of 2008. By order dated 5.6.2009 accepting the contentions raised by the defendant that the valuation made is incorrect and on a proper valuation with reference to the market value, Munsiff Court has no jurisdiction to entertain the suit, the learned Munsiff ordered for returning the plaint to the plaintiffs directing them to file an application under Order VII Rule 10(a) CPC within one week. P4 is the copy of the order passed by the learned Munsiff allowing the petition to condone the delay in moving the review petition. Ext.P4(a) is the copy of the order allowing the review petition and Ext.P5, the copy of the revised order passed in I.A. No. 1085 of 2008 dated 5.6.2009. Propriety and correctness of the above orders are challenged by the petitioners/ plaintiffs in this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India.

(3.) Notice being given respondent/defendant has entered appearance. I heard the learned counsel on both sides.